H-1B Visa
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Key Forms & Process – The Lottery System
The H-1B process has become highly competitive due to the annual 65,000 cap (plus 20,000 for U.S. master’s degree holders). The process includes: (1) Employer registers electronically with USCIS during a 14-day registration window (typically March), (2) USCIS conducts a lottery if registrations exceed the cap, (3) Selected employers file the full H-1B petition between April 1 and June 30, (4) Premium processing (optional, $2,805) provides a 15-day decision. The petition includes Form I-129 (Petition for a Nonimmigrant Worker), Form ETA-9035 (Labor Condition Application – LCA) certified by the Department of Labor, and evidence of the beneficiary’s degree and the job’s specialty nature.
Exemptions from the Cap
Certain H-1B petitions are not subject to the lottery : (1) employers that are institutions of higher education, (2) nonprofit research organizations, (3) governmental research organizations, and (4) petitions for extension, amendment, or change of employer for current H-1B workers. Additionally, individuals born in Chile or Singapore have separate caps under free trade agreements.
What We Handle at ZubaidaLaw
Our legal advocates manage the entire H-1B lifecycle: determining if your position qualifies as a specialty occupation, filing the LCA (ETA-9035) with the Department of Labor, registering your employer for the H-1B lottery, preparing the I-129 petition with supporting evidence (degree evaluations, transcripts, experience letters), filing premium processing when needed, and handling H-1B amendments for material changes (new worksite, job duties, or salary reduction). We also assist with H-1B extensions beyond 6 years using an approved I-140 (green card petition) under AC21, and H-4 EADs for spouses of H-1B workers who have started the green card process.
Call us at 865-382-2900 to determine if your occupation qualifies for H-1B and to prepare for the next lottery registration period.
It's a non-immigrant work visa for foreign professionals in specialty occupations that require at least a bachelor's degree (or equivalent) in a specific field of study.
A job that requires:
A bachelor's or higher degree (or foreign equivalent) for entry into the occupation, AND
The degree must be in a specific specialty directly related to the job duties
Examples: Software developer (CS degree), architect (architecture degree), accountant (accounting degree), engineer (engineering degree), doctor (medical degree for research/teaching roles).
Each fiscal year (starting October 1), USCIS caps H-1B at 65,000 (regular cap) + 20,000 (U.S. master's cap). If registrations exceed the cap, USCIS runs a random lottery. The process:
March: Employer registers online ($10 fee per beneficiary)
Late March: USCIS notifies selected registrations
April 1 – June 30: Selected employers file full I-129 petition
October 1: Earliest H-1B start date
As of 2025, typical fees for a new H-1B (for employers with 25+ employees):
Registration fee: $10 per beneficiary
I-129 filing fee: $780 (plus $780 for employers with 25+ employees under the ACWIA fee = $1,560)
Fraud prevention fee: $320
Premium processing (optional): $2,805 (15-day processing)
ACWIA fee: $1,500 (25+ employees) or $750 (1-25 employees)
Public Law 114-113 fee: $4,000 (for employers with 50+ employees where 50%+ are H-1B/L-1)
We provide a fee breakdown for your specific employer size.
Yes. Your spouse and unmarried children under 21 receive H-4 status. H-4 spouses may apply for work authorization (Form I-765) if you have an approved I-140 (green card petition) or have been granted H-1B extensions beyond 6 years under AC21.
Yes. H-1B is a dual-intent visa, meaning you can pursue lawful permanent residence (green card) through your employer (PERM, I-140) without losing H-1B status. Unlike B or F visas, you do not need to maintain a foreign residence.
Initial period: 3 years
Extension: Another 3 years (total 6 years)
Beyond 6 years: Possible if you have an approved I-140 and are waiting for a green card (unavailable priority date) – you can extend H-1B in 1-year or 3-year increments under AC21 §106(a) and (b).
Yes. Your new employer must file an H-1B transfer petition (I-129) before you start working. Once filed, you can begin working for the new employer under the "portability rule" (AC21) – you do not need to wait for approval. The new petition is not subject to the cap.
Form ETA-9035 filed with the Department of Labor. The employer certifies that:
The H-1B worker will be paid at least the prevailing wage for the occupation and location
Working conditions will not adversely affect U.S. workers
There is no strike/lockout at the worksite
Notice of filing was given to current employees (or union)
The LCA must be certified before filing I-129.
Yes. We provide notarization services for foreign degree evaluations (we work with approved evaluation services), sworn affidavits for work experience equivalency, and certified translations of foreign academic transcripts and diplomas.
