H-1B Visa for Specialty Occupations

The H-1B remains the primary work visa for foreign professionals in the United States, but the lottery, cap exemptions, specialty occupation requirements, and wage level rules create real complexity for employers and employees alike. We advise employers and individuals on H-1B strategy, prepare strong initial petitions, handle amendments and extensions, and identify cap-exempt opportunities when the lottery is not an option.

Overview

The H-1B visa allows U.S. employers to hire foreign professionals in specialty occupations — typically requiring at least a bachelor’s degree in a specific field. Subject to an annual cap of 65,000 (plus 20,000 for U.S. master’s degree holders), most H-1B petitions must go through the lottery system. Cap-exempt positions at universities, nonprofits, and research institutions provide an alternative. Silmi Law advises both employers and employees through every stage of the H-1B process — from initial registration through multi-year extensions and green card transition planning.

New York, NY
New Jersey
San Francisco, CA
Seattle, WA
Boston, MA
Employer

Sponsor Required

3 + 3 Yrs

Initial + Extension Period

85,000

Annual Cap (Regular + Masters)

April 1

Earliest Filing Date

H-1B Services We Provide

  • Initial H-1B cap-subject petition preparation and filing
  • H-1B cap-exempt petitions for universities, nonprofits, and research institutions
  • H-1B extensions beyond the 6-year limit under AC21 portability
  • H-1B transfers and amendments for employer or location changes
  • Specialty occupation analysis and documentation strategy
  • Labor Condition Application (LCA) guidance and compliance
  • H-1B to green card transition planning (EB-1A, NIW, or PERM)
  • RFE responses for specialty occupation and employer-employee relationship challenges
  • H-1B for founders and small companies with complex ownership structures
  • Concurrent H-1B employment and dual employer arrangements
Employer & Employee Consultation

We advise both companies and individuals on H-1B eligibility, timing, and strategy before any petition is filed.

Petition Preparation

We prepare detailed specialty occupation support letters, LCA filings, and all required USCIS documentation for a strong initial submission.

Petition Preparation

We prepare detailed specialty occupation support letters, LCA filings, and all required USCIS documentation for a strong initial submission.

Green Card Transition Planning

We build toward permanent residence from day one — identifying the best green card pathway for each H-1B holder’s profile and timeline.

Why Silmi Law

Strategy over templates. Every time.

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Employer & Employee Representation

We represent both companies and individuals — advising on compliance, risk, and strategy from both perspectives.

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Specialty Occupation Expertise

We have deep experience defending specialty occupation classifications across technology, finance, healthcare, and other industries facing USCIS scrutiny.

Direct Attorney Oversight

Sharif Silmi personally oversees every H-1B petition and compliance matter.

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Long-Term Status Planning

We don’t just file the petition — we help you plan the full immigration roadmap from H-1B through permanent residence.

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Startup & Small Business Support

We advise startups and small companies on H-1B compliance, founder self-sponsorship structures, and alternative nonimmigrant pathways.

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Nationwide Representation

We represent H-1B petitioners and employers throughout New York, New Jersey, California, and nationwide.

START YOUR IMMIGRATION PROCESS

Book a strategy session with Sharif Silmi to assess your credentials and map the strongest path forward.

More Services

EB-1A denied? Silmi Law explains your options including motions to reconsider, AAO appeals, refiling, and alternative paths like EB-2 NIW.
Expert EB-1A Request for Evidence response services from Silmi Law.
EB-2 National Interest Waiver immigration support for entrepreneurs and startup founders.
Strategic immigration advisory services for founders who need expert guidance on immigration planning, investor readiness, and long-term status management.