1. H-1b Visa Matters We Handle
H-1B representation can begin with an initial petition and continue through employer changes, extensions, amendments, Requests for Evidence, and compliance issues.
| Situation | Filing Question | Key Review |
|---|---|---|
| New hire | New H-1B petition | Specialty occupation, LCA, qualifications |
| New employer | Portability / new petition | Status, filing timing, eligibility |
| Same-employer change | Amendment | Duties, worksite, new LCA |
| Expiring approval | Extension | Remaining time, status, continued eligibility |
| USCIS challenge | RFE response | Issue raised, existing record, deadline |
New H-1b Petitions
A new filing requires the employer to establish the position, beneficiary qualifications, and terms of employment in a consistent record.
The petition may involve:
Cap-subject or cap-exempt employment
Form I-129
ETA Form 9035/9035E Labor Condition Application
Specialty occupation analysis under INA § 214(i)
Degree and credential review
Position and duty descriptions
Employer and worksite documentation
Wage and requested employment period
Cap selection, when required, permits the employer to file the cap-subject petition. USCIS still determines whether the petition satisfies the substantive H-1B requirements.
Broader hiring strategies may also involve business immigration planning.
Transfers, Extensions, and Amended Petitions
A new employer generally files its own H-1B petition. A worker who meets the statutory portability requirements may be able to begin employment after a qualifying petition is properly filed rather than waiting for final approval.
Extensions require review of remaining H-1B time, maintenance of status, and continued eligibility.
Material changes to approved employment can require an amended or new petition. Worksite moves, materially different duties, and other substantial changes should be reviewed before implementation to determine whether the existing LCA and petition remain sufficient.
Requests for Evidence and Uscis Challenges
An RFE changes the focus from preparing a new filing to defending the existing record by the response deadline.
USCIS may seek additional evidence concerning:
Specialty occupation requirements
Relationship between the degree field and job duties
Beneficiary qualifications
Employer operations or position evidence
Worksite and employment terms
LCA consistency
Maintenance of status
The response should begin with the original petition and the precise issue raised rather than assembling unrelated documents. Any inconsistency between the initial filing and new evidence also needs to be addressed before submission.
2. Building an H-1b Petition That Meets the Legal Requirements
USCIS evaluates the position and the beneficiary separately, so the record needs to establish both.
Specialty Occupation and the Offered Position
Under INA § 214(i) and 8 C.F.R. § 214.2(h), the offered position must satisfy the specialty occupation requirements.
Current rules can permit more than one qualifying degree field when each field is directly related to the job duties. A generalized bachelor's-degree preference does not by itself establish a specialty occupation.
The petition should explain:
The actual job duties
Why they require specialized knowledge
Which degree fields relate to the work
How the role fits the employer's operations
Any professional licensing requirements
Generic occupational descriptions are less useful when they do not explain the employer's actual position.
Beneficiary Qualifications and Employer Evidence
The beneficiary must separately qualify to perform the specialty occupation.
Evidence may include degrees, transcripts, credential evaluations, licenses, qualifying experience, employment history, organizational records, and documentation explaining the position and business operations.
A highly educated candidate does not make an otherwise nonqualifying position eligible for H-1B classification.
Longer-term sponsorship planning may overlap with employment-based immigration.
3. H-1b Employer Compliance during Employment
Approval does not end the employer's obligations. INA § 212(n) and 20 C.F.R. Part 655, Subpart H regulate wage, LCA, notice, and recordkeeping requirements during H-1B employment.
Wage, Lca, and Public Access File Requirements
The employer generally must pay at least the higher of the actual wage paid to similarly qualified employees for the specific employment or the prevailing wage for the occupational classification and area of employment.
The H-1B public access file must include the certified LCA, wage rate, actual-wage methodology, prevailing-wage information, proof of required notice, and other applicable records. DOL generally requires these public-access materials to be available within one working day of filing the LCA.
Employment Changes That Require Review
HR changes can have immigration consequences before they become payroll or operational issues.
Review may be necessary for:
Employee relocation or remote work
New client or worksite assignments
Material changes in duties
Promotions
Compensation changes
Corporate restructuring or acquisition
Change of employer
Layoff or termination
Not every change requires an amended petition. The question is whether the change is material to the approved employment or requires a new LCA.
4. Cap Selection and Current H-1b Filing Rules
Cap-subject procedures have changed, so employers should use the rules for the relevant fiscal-year filing season rather than rely on an earlier registration model.
Fy2027 Weighted Selection Process
For FY2027, USCIS uses a beneficiary-centered selection process with greater selection weight assigned to registrations associated with higher OEWS wage levels.
Under the final rule effective February 27, 2026, unique beneficiaries remain subject to selection, but the weighting is based generally on the highest applicable OEWS wage level that the proffered wage equals or exceeds for the relevant occupation and area of intended employment. Level IV receives greater weight than Levels III, II, and I.
Selection does not establish petition eligibility. USCIS still adjudicates the specialty occupation, beneficiary qualifications, LCA consistency, and other requirements.
Current Entry and $100,000 Payment Restrictions
A September 18, 2026 presidential proclamation extended the existing H-1B entry and payment restrictions established in 2025 through September 21, 2027, absent another extension.
The restriction applies to specified H-1B workers outside the United States and generally requires the relevant petition to be accompanied or supplemented by a $100,000 payment, subject to stated exceptions.
It is not a universal $100,000 filing fee for every H-1B case. Worker location, petition circumstances, entry plans, and any available exception must be checked before applying the rule to a particular filing.
5. Frequently Asked Questions
Does an H-1b Employee Need a New Petition after Changing Employers?
Generally, the new employer must file its own H-1B petition. Eligible workers may use H-1B portability and begin work after a qualifying petition is properly filed. Current status and filing timing should be reviewed before the employment change.
When Does a Job or Worksite Change Require an Amended H-1b Petition?
An amended or new petition is generally required for a material change in the approved employment. A worksite change that requires a new LCA can trigger amendment issues, while regulatory exceptions may apply to some temporary placements or other situations.
Can an H-1b Petition Be Denied after Cap Selection?
Yes. Selection only permits filing of the cap-subject petition. USCIS still reviews the position, beneficiary qualifications, employer evidence, LCA, status issues where relevant, and the other requirements for approval.
15 Jul, 2025
