H-1B VISA ATTORNEY

The H-1B allows U.S. employers
to petition for qualified professionals to
work temporarily in specialty occupations.

Work in a Specialty Occupation
Initial Period Generally up to Three Years
Compatible with a Green Card Plan

SPECIALTY OCCUPATION · EMPLOYER PETITION · GREEN CARD PLANNING

Your skills have a place in the U.S.
Build the path to get there.

The H-1B is for a position requiring highly specialized knowledge and at least a bachelor's degree in a directly related specific specialty or its equivalent. Several degree fields may qualify if each is logically connected to the duties. USCIS considers the actual work, not the job title alone.

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Dual Intent

You can pursue permanent residence while maintaining H-1B status.

Employer
Mobility

A new employer can file an H-1B petition on your behalf. If you qualify for portability, you can generally start when the petition is properly filed or on its requested start date, whichever is later.

Wage-weighted
Selection

For cap-subject cases requiring selection, higher applicable OEWS wage levels receive greater selection weight.

GREEN CARD PLAN
FROM DAY ONE

You may pursue a green card while holding H-1B status; the green card process has separate requirements.

vs. TN, E-1, E-3: H-1B expressly permits immigrant intent; these categories have temporary-intent requirements.

CHANGE EMPLOYERS
WHEN ELIGIBLE

A new employer files its own petition. Eligible H-1B workers may start on proper filing or the requested start date, whichever is later. A cap-exempt-to-cap-subject move may require selection.

vs. E-1: E-1 work is tied to the approved treaty activity; qualifying parent or subsidiary work is permitted.

BRING YOUR FAMILY

Your spouse and unmarried children under 21 may obtain H-4 status. Certain H-4 spouses can work after receiving an EAD if the H-1B worker has an approved I-140 or a qualifying AC21 extension.

vs. TN: TD status does not authorize employment.

TIME TO BUILD

Generally up to three years initially and six years total, with additional time in qualifying employment-based immigrant cases. If you control the petitioning employer, the initial petition and first extension are each limited to 18 months.

vs. F-1 OPT: OPT has its own authorization period; STEM or cap-gap extensions may apply.

REQUIREMENT 01
THE ROLE IS A SPECIALTY OCCUPATION

The duties must require at least a bachelor's degree in a directly related specific specialty, or its equivalent. A title or general-degree requirement alone is insufficient.

REQUIREMENT 02
YOU QUALIFY FOR
THE ROLE

The worker needs a qualifying degree, equivalent education and experience, or an applicable license; required professional licensing must also be addressed.

REQUIREMENT 03
THE EMPLOYER MEETS ITS OBLIGATIONS

The employer obtains a certified Labor Condition Application (LCA) and pays at least the higher of the applicable prevailing wage or its actual wage for comparable workers.

The regular H-1B cap is generally 65,000, with up to 20,000 additional places for qualifying U.S. advanced-degree beneficiaries. Certain higher-education and research employment is cap-exempt. Cap-subject employers generally register first. From FY 2027, selection, when needed, is weighted by the offered wage's applicable OEWS level for the occupation and work area. Selection permits filing, not approval.

WHO THE H-1B IS FOR

The H-1B is built around a role.
The strategy is built around you.

Employers of different sizes can petition for qualifying specialty-occupation roles, from startups to universities. The position's duties, your qualifications and the employer's circumstances determine the filing strategy.

PROFESSIONALS
SPECIALISTS WITH A U.S. JOB OFFER

Engineers, analysts, architects, accountants and healthcare professionals may qualify when the actual duties require a directly related specialty degree or equivalent. In cap-subject cases, the offered wage's applicable OEWS level affects selection weighting.

INTERNATIONAL GRADUATES
STUDENTS AND GRADUATES ALREADY IN THE U.S.

F-1 students on OPT or STEM OPT can plan an H-1B transition. Registration and the proposed start date should be coordinated with their work authorization and any cap-gap eligibility.

EMPLOYERS & STARTUPS
COMPANIES HIRING GLOBAL TALENT

Startups and established employers can petition for qualifying roles. A founder-owned company may also petition, subject to additional rules if the worker controls it.

RESEARCH & ACADEMIA
RESEARCHERS AT UNIVERSITIES AND RESEARCH ORGANIZATIONS

Eligible universities, affiliated nonprofits and nonprofit or government research organizations may file cap-exempt petitions without annual selection.

NOT SELECTED

Didn’t get selected?
Your career may support another path.

The H-1B isn’t the only way forward. Depending on your record and goals, the O-1A, the EB-2 NIW
or a cap-exempt employer may fit where you’re going. We look at all of them before we recommend one.

START YOUR FREE EVALUATION

HOW OUR H-1B ATTORNEYS APPROACH YOUR CASE

The H-1B starts with the role.
So does our work.

1. STRATEGY REVIEW
You'll leave with a Strategic Case Plan: your options, the trade-offs, and our recommendation.

2. ROLE AND WAGE ALIGNMENT
We review how the position is defined, how it is classified and what wage level it carries, so the registration, the Labor Condition Application and the petition tell the same story.

3. CASE ARCHITECTURE
We build the specialty occupation argument and the evidence behind your qualifications, so the petition shows clearly why this role needs this degree, and why you fit it.

4. FILING AND BEYOND
Rigorous review before anything reaches USCIS. Then RFE support, consular preparation, renewals, and planning for your next step. A U.S.-admitted attorney supervises every case. You’ll always know where your case stands.

Joseph K. Robinson
Founder & Managing Attorney

As the founder of Robinson Immigration Law, Joseph brings firsthand experience with the immigration system, from studying in Germany on a student visa to pursuing Portuguese citizenship. He handles extraordinary ability, NIW, executive and investment-based cases as long-term strategic decisions.

Lin R. Walker
Senior U.S. Immigration Attorney

With 26+ years of practice and over 1,000 employment-based matters, including O-1, L-1, EB-1 and NIW petitions, Lin brings deep experience building evidence, including several hundred RFE and NOID responses.

Miriam Morse
Senior U.S. Immigration Attorney

With 23 years at USCIS, including 13 as Associate Counsel advising on employment-based immigration, Miriam brings an insider’s view of how petitions are evaluated. She handles cases for founders, researchers and executives, framing their work in the terms the law requires.

Ghenwa Hakim
Senior U.S. Immigration Attorney

With experience in business immigration since 2001, including senior roles overseeing international students and faculty at a Massachusetts college, Ghenwa brings an institutional view of the process. She handles employment-based cases across sectors, with particular depth in healthcare, higher education and biotech.

“RIL have been wonderful to work with. After months of trial and error and engaging attorneys only to witness them not fulfill their commitments, Robinson Law was a wonderful change in the right direction. They have been reliable, transparent, engaging, and timely from the start...”

Tatyana Matveeva

GOOGLE

★★★★★

“I had a pretty good experience working with the Robinson team on my EB-2 NIW petition. The team was friendly, professional, and communicative. My circumstances changed during the drafting of my petition, and the team was able to help me throughout the change, including changing my petition and filing it on time...”

Katie Chen

GOOGLE

★★★★★

“Robinson Immigration Law has been excellent to work with throughout my EB-2 NIW cae. The team’s expertise in immigration law is matched by the clarity, patience and professionalism I have experienced throughout the process...”

Dhruti Patel

GOOGLE

★★★★★

“If you’re on the fence about working with Robinson Immigration Law, we can highly recommend them from our own experience. A special thank you to Joseph, Beatriz and Lin. The team worked quickly and did a great job preparing the documents and heggint us ready for the interviews...”

Startup Funding Event

GOOGLE

★★★★★

SPECIALTY OCCUPATION · EMPLOYER PETITION · GREEN CARD PLANNING

Your skills have a place in the U.S.
Build the path to get there.

WHAT COMES NEXT

A path that can support your next steps

THE LEGAL STANDARD

Three requirements.
One consistent case.

WHO THE H-1B IS FOR

The H-1B is built around a role.
The strategy is built around you.

NOT SELECTED

Didn’t get selected?
Your career may support another path.

HOW OUR H-1B ATTORNEYS APPROACH YOUR CASE

The H-1B starts with the role.
So does our work.

EMPATHY THROUGH EXPERIENCE

Our Attorneys

THE TEAM

Learn whether you qualify with a free evaluation today

CLIENT RESULTS