Non-Immigrant Visas
H-1B
Specialty Occupation Worker
Work in the US in a specialty occupation with your professional expertise.
An H‑1B visa is a temporary U.S. work visa for specialty occupations that require at least a bachelor's degree or its equivalent in a specific field, such as software engineering, accounting, architecture, or scientific research. It lets a U.S. employer petition to hire a qualified foreign professional for a particular job, tying the worker's immigration status to that sponsoring employer and position. The visa is part of the broader H category for temporary workers, but it is designed specifically for professional, degree‑level roles.
To obtain an H‑1B, a U.S. employer must first offer you a qualifying job and then file a petition with U.S. Citizenship and Immigration Services (USCIS), showing that the role is a specialty occupation and that you meet the education and experience requirements. In most cases that job is also subject to the annual H‑1B "cap," meaning there is a limited number of new H‑1B visas available each fiscal year, which are typically allocated through a registration and selection process. Once approved and, if needed, stamped in your passport, the H‑1B authorizes you to live and work in the United States for that specific employer.
Because the process is competitive and highly technical, careful planning and documentation matter at each stage, from the first eligibility assessment to responding to any requests for evidence. ByLaw helps employers and professionals through the full H‑1B process: deciding whether a position qualifies, planning around the cap and lottery, preparing strong petitions, and handling extensions, amendments, and changes of employer. If you are considering an H‑1B or facing complications with an existing petition, we can advise you on protecting your status and your long‑term immigration goals.
Eligibility Criteria
Specialty Occupation: The role must require highly specialized knowledge and normally call for at least a bachelor's degree in a specific field (e.g., IT, engineering, finance).
Bachelor's Degree: The job must typically require a U.S. bachelor's degree (or foreign equivalent) in a specific, directly related field.
Qualified Candidate: You must hold the required degree or have equivalent education, training, and professional experience in that specific specialty.
Employer Sponsorship: A U.S. employer must file the H‑1B petition on your behalf; you cannot apply for an H‑1B on your own.
Prevailing Wage: The employer must commit to paying at least the required prevailing wage (local market rate as defined by regulation) for your specific position and location.
“Being selected in the H‑1B lottery does not guarantee approval. Careful preparation helps show that the employer, the job, and you meet the requirements.”
How We Help
Our H-1B Services
Lottery Registration
We manage the electronic registration and make sure each registration is filed correctly and on time.
Petition Preparation
Comprehensive I-129 petition assembly including labor condition application, support letters, and degree evaluations.
RFE Response
Detailed responses to USCIS Requests for Evidence that address each issue USCIS raises.
H-1B Transfers
Portability petitions when changing employers, including cap-exempt filing strategy.
Extensions & Amendments
Timely extensions and amendments for role changes, location changes, or pending green cards.
Consular Processing
Visa stamp applications at US consulates abroad, including interview preparation.
How We Work
Our Approach
Eligibility Review
We assess the position, the employer, and the applicant's credentials against H-1B requirements.
LCA Filing
We file the Labor Condition Application with the Department of Labor, a prerequisite for the petition.
Petition Assembly
We prepare and file the I-129 with all supporting documentation at the correct service center.
Approval & Entry
Upon approval, we advise on consular processing or change of status and ongoing compliance.
H-1B FAQ
Processing times depend on the case and USCIS's workload, and regular processing can take several months. With premium processing, USCIS must act within 15 business days of receiving a properly filed request. That action may be an approval, a denial, or a request for more evidence, so a final decision within that time is not guaranteed.
Most H‑1B workers can stay up to three years initially, with extensions usually allowed for a total of up to six years, and in some green card–related cases, even longer.
The total depends on the employer's size and type, the kind of petition, and current government fees. Besides the USCIS filing fee, it can include the fraud prevention and detection fee, the ACWIA training fee for certain employers, the Asylum Program Fee, and other required fees. Federal law requires the employer to pay some of these fees. Premium processing is optional and costs extra. A September 2025 presidential proclamation added a $100,000 payment for certain new H-1B petitions. A court has since struck down the agency policy that enforced it, so the payment is not currently being collected, but the litigation is ongoing and it may return. Because fees and rules change, we help employers understand which costs apply before they file.
Yes, your spouse and unmarried children under 21 can usually come to the U.S. in H‑4 status as your dependents, and in some situations an H‑4 spouse may qualify for work authorization.
Yes, H‑1B is a dual‑intent status, so many workers use it as a path to permanent residency through an employment‑based green card process.
Let's begin
Ready to start your H-1B process?
We offer a confidential consultation to understand your situation and outline your options, in English or Türkçe.