The H-1B is the most widely used work visa for skilled professionals in the United States, and for many software engineers, scientists, and other specialists it is the first real step toward a long-term future here. It also has some of the most unforgiving rules and deadlines in immigration law—an honest, well-built petition makes the difference. Susheelan Law Firm prepares H-1B petitions for both employers and professionals, with a focus on getting the details right and pre-empting the issues that trigger denials.
What the H-1B is
The H-1B lets a U.S. employer hire a foreign national in a specialty occupation—a role that normally requires at least a bachelor’s degree (or its equivalent) in a specific field. It is employer-sponsored, generally granted in increments of three years up to a six-year maximum, and it allows dual intent, meaning you can pursue a green card while holding H-1B status.
The cap and the lottery
Most new H-1Bs are subject to an annual numerical cap, and demand far exceeds supply. Employers first submit an electronic registration during the spring window; USCIS then runs a random selection (the “lottery”), and only selected registrations may file a full petition. Because selection is uncertain, strategy matters: we help employers register correctly, evaluate cap-exempt options, and plan backup pathways (such as O-1, TN, E-3, or H-1B1) for candidates who are not selected.
Cap-exempt H-1Bs
Certain employers—including institutions of higher education and affiliated nonprofits, nonprofit research organizations, and governmental research organizations—are exempt from the cap and can file year-round. We help eligible employers and candidates take advantage of cap-exempt filings, which sidestep the lottery entirely.
Specialty occupation and the degree match
The heart of an H-1B is showing that the position genuinely requires a specialized degree and that the worker holds (or equates to) that degree. This is where many petitions falter and where careful preparation pays off. We document the role, the degree requirement, and the connection between the two—and, where a degree is foreign or the background is non-traditional, we build the equivalency and experience evidence the case needs.
Founders: the beneficiary-owned H-1B
Since January 17, 2025, the H-1B Modernization Final Rule (89 Fed. Reg. 103054, Dec. 18, 2024) expressly permits beneficiary-owned petitioner filings: your own company can sponsor you for an H-1B even when you hold a controlling interest in it. The old requirement that the employer prove “control” over the founder’s work is gone, replaced by a bona fide job offer standard. The conditions are real but workable — the position must be a bona fide specialty occupation, the majority of your time must be spent on specialty-occupation duties (time on owner-director work like fundraising and governance is expressly permitted), and the initial petition and first extension are limited to 18 months each. For startup founders this is one of the most consequential changes in years — we cover strategy, structuring, and alternatives in depth on our Startup & Founder Immigration page.
Extensions, amendments, and transfers
Lost your H-1B job? See our guide to your options in the 60-day grace period.
H-1B status is not “set and forget.” A change of job duties, worksite, or employer usually requires action. We handle extensions, amendments (for material changes in employment), and transfers (H-1B portability to a new employer), so your status stays valid as your career moves.
Responding to Requests for Evidence
Across the industry, H-1B petitions frequently draw Requests for Evidence — most often on specialty occupation, bona fide employment, or wage levels — and RFE rates may well be rising under the current administration. Our record runs against that current. We file a large volume of H-1B cases every year — thousands over my career — with a success rate above 99% (prior results do not guarantee a similar outcome). But what distinguishes us from most firms with a volume H-1B practice is that volume has never meant assembly-line work here: every single H-1B that leaves this office receives considerable individualized attention, reviewed thoroughly so that everything the petition requires is in the filing before it goes out the door. Our RFE rate reflects it — historically under 1%, and even in the current climate under 2%. On the rare occasions we do receive an RFE, it is almost always in one of two situations: we had already told the client to expect one, or the beneficiary did not tell us about a fact — an arrest, for example — that later surfaced. When an RFE does arrive, our responses have historically been strong and successful. But I will be candid: I try to avoid RFEs altogether, because I consider them a real waste of time — months of delay and anxiety a well-prepared case never needed to endure. That is why we do the work up front to prevent the RFE in the first place.
From H-1B to a green card
Because the H-1B allows dual intent, it is often the bridge to permanent residence—through EB-1, EB-2 (including the National Interest Waiver), or PERM-based EB-2/EB-3 sponsorship. We plan the long-term path from the start so your H-1B years are not wasted time.
Frequently asked questions
Can I start a green card while on an H-1B?
Yes. The H-1B permits dual intent, so you can pursue permanent residence without jeopardizing your status. We help you choose the right green-card path early.
What happens if I am not selected in the lottery?
You may have other options—O-1, TN, E-3, H-1B1, cap-exempt H-1B, or study/training routes—depending on your background and nationality. We assess alternatives so a lottery loss is not the end of the road.
Can I change employers on an H-1B?
Generally yes, through H-1B portability. A new employer files a transfer petition, and you can often begin working once it is properly filed. We manage the timing to protect your status.
Talk to us about your H-1B
Whether you are an employer planning sponsorship or a professional weighing your options, schedule a consultation to map out the strongest H-1B strategy for your situation.