JLA Law Group

H-1B Visa Attorneys Serving Norcross and the Greater Atlanta Metro Area

Case Evaluation→(770) 609-9396

The H-1B visa is the primary nonimmigrant work visa for professionals in specialty occupations that require at least a bachelor's degree or its equivalent. Common H-1B fields include information technology, engineering, finance, healthcare, architecture, and the sciences. The annual H-1B cap is 65,000 visas for regular applicants, plus an additional 20,000 visas for applicants with a U.S. master's degree or higher, for a total of 85,000 cap-subject visas per fiscal year. Because demand far exceeds supply, USCIS conducts an annual lottery to select registrations for filing.

Cap-exempt employers, including institutions of higher education, nonprofit research organizations, and governmental research organizations, are not subject to the annual cap or lottery. The H-1B process requires the employer to file a Labor Condition Application (LCA) with the Department of Labor certifying that the foreign worker will be paid the prevailing wage for the position and that hiring the H-1B worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. After LCA certification, the employer files Form I-129 with USCIS. Premium processing (Form I-907) is available for an additional fee, reducing processing time to 15 business days.

The H-1B visa is often the first step toward permanent residence. Through the PERM labor certification process and an I-140 immigrant petition, H-1B holders can transition to a green card. The American Competitiveness in the Twenty-First Century Act (AC21) provides portability, allowing H-1B workers to change employers after an I-140 is approved and an I-485 has been pending for 180 days. We serve Norcross, Gwinnett County, and the greater Atlanta metro area with attorneys experienced in employer-sponsored immigration.

Steps You Should Take

1

Evaluate Position and Candidate Eligibility

We analyze whether the position qualifies as a specialty occupation and whether the candidate's education and experience meet the degree requirements. We advise on degree equivalency evaluations when needed.

2

File the Labor Condition Application (LCA)

We prepare and file the LCA with the Department of Labor, determining the correct prevailing wage and ensuring compliance with all attestation requirements.

3

Prepare and File the I-129 Petition

We compile the complete H-1B petition with supporting documentation, including the employer-employee relationship, specialty occupation analysis, and beneficiary qualifications. Premium processing is available for expedited adjudication.

4

Call JLA to Discuss Your H-1B Case

Call (770) 609-9396 to speak with an immigration attorney about H-1B sponsorship, lottery strategy, cap-exempt options, or transitioning from H-1B to permanent residence.

Frequently Asked Questions

What is a specialty occupation under the H-1B visa?
A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge and a minimum of a bachelor's degree (or equivalent) in a specific field directly related to the position. USCIS evaluates whether the position and the applicant both meet this standard. Common qualifying fields include IT, engineering, accounting, medicine, and architecture.
How does the H-1B lottery work?
Each fiscal year, USCIS opens an electronic registration period (typically in March). Employers submit registrations for prospective H-1B workers. When registrations exceed the 85,000 cap, USCIS conducts a random selection. Selected registrations are then invited to file full I-129 petitions. Unselected registrations receive no further action unless additional selections are needed.
What is a cap-exempt H-1B?
Employers that are institutions of higher education, nonprofit entities related to or affiliated with such institutions, nonprofit research organizations, or governmental research organizations are exempt from the annual H-1B cap. Their H-1B petitions can be filed at any time during the year without going through the lottery.
Can I change employers on an H-1B visa?
Yes. H-1B portability under AC21 (INA § 214(n)) allows an H-1B worker to begin working for a new employer as soon as the new employer files an H-1B transfer petition, without waiting for approval. This applies to cap-subject and cap-exempt transfers alike.
What is the path from H-1B to green card?
The most common path is employer-sponsored: the employer files a PERM labor certification with the Department of Labor, then files Form I-140 (Immigrant Petition for Alien Workers) with USCIS, and finally the worker files Form I-485 (Adjustment of Status) when a visa number is available. H-1B status can be extended beyond the standard 6-year maximum while the green card process is pending.

Applicable Laws

INA § 101(a)(15)(H)(i)(b) / 8 U.S.C. § 1101(a)(15)(H)(i)(b)H-1B nonimmigrant classification for specialty occupation workers.
INA § 212(n) / 8 U.S.C. § 1182(n)Labor Condition Application requirements: prevailing wage, working conditions, and employer attestations.
INA § 214(g) / 8 U.S.C. § 1184(g)Annual H-1B numerical cap: 65,000 regular plus 20,000 U.S. advanced degree exemption.
AC21 § 106 / INA § 214(n)H-1B portability: allows employment with a new employer upon filing of a transfer petition.

Related Services

Permisos de TrabajoLey de InmigraciónAjuste de EstatusLey de InmigraciónTarjeta VerdeLey de Inmigración

Other Immigration Law Services

G
Green Card
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Work Permits
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Cancellation of Removal
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I-601 Waiver
M
Marriage Green Card
A
Adjustment of Status
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Temporary Protected Status
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C
Criminal & Immigration

Case Evaluation

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1250 Tech Dr, Suite 240

Norcross, GA 30093

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