The H-1B visa process is highly technical and often confusing. Employers must meet strict sponsorship requirements, and professionals must clearly qualify under federal immigration rules. Small mistakes can lead to delays, denials, or lost opportunities. Working with experienced H-1B visa lawyers helps ensure each step is handled correctly from the start.
Portner & Shure, P.A.’s immigration attorneys assist employers and professionals with H-1B visas across Maryland, Virginia, Washington, D.C., Kentucky, and North Carolina. Our immigration attorneys can guide clients through eligibility analysis, petition preparation, compliance requirements, and long-term planning so they can move forward with confidence.
What Is an H-1B Visa?
The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign professionals in specialty occupations. These are roles that typically require at least a bachelor’s degree or higher in a specific field of study.
H-1B visas are commonly used in industries such as technology, engineering, healthcare, finance, education, and research. The visa is employer-sponsored, meaning the U.S. company files the petition on behalf of the worker and agrees to comply with wage and labor regulations.
H-1B Eligibility and the Specialty Occupation Requirement
To qualify for an H-1B visa, both the employer and the employee must meet specific requirements. The position must qualify as a specialty occupation, and the worker must have the education or experience required for that role.
Key eligibility factors include:
- A job that normally requires a bachelor’s degree or higher in a specific specialty
- A clear relationship between the degree field and job duties
- Proof that the employee holds the required degree or equivalent experience
- A valid employer-employee relationship
Portner & Shure, P.A. evaluates both the position and the candidate to determine whether the specialty occupation requirement is met before moving forward with filing.
What Jobs Qualify for an H-1B Visa?
Many professional roles may qualify for H-1B status if they meet the specialty occupation criteria. Common qualifying positions include:
- Software developers and IT professionals
- Engineers in various disciplines
- Financial analysts and accountants
- Healthcare professionals and researchers
- Architects and designers
- College and university instructors
Our attorneys work with employers to properly describe job duties and requirements in a way that aligns with current immigration standards and agency expectations.
How the H-1B Sponsorship Process Works
The H-1B sponsorship process involves multiple steps and several government agencies. Employers must demonstrate compliance with labor rules while submitting accurate documentation. The process typically includes:
- Determine H-1B eligibility and job classification: Before filing, employers must confirm that the position qualifies as a specialty occupation and that the candidate meets the required education and experience.
- File a Labor Condition Application (LCA) with the Department of Labor: Employers must submit an LCA and certify wages, working conditions, and notice requirements.
- Prepare and submit Form I-129 to USCIS: The H-1B petition is filed using Form I-129, which includes employer and employee details, job description, and supporting evidence.
- Compile supporting documentation: Employers must provide detailed job and wage documentation, including education credentials, job duties, and proof of the company’s ability to pay.
- Respond to Requests for Evidence (RFEs): USCIS may request additional information to clarify eligibility or documentation.
Portner & Shure, P.A. manages this process from start to finish, helping employers remain compliant and reducing the risk of delays or denials.
How to Apply for an H-1B Visa
Most new H-1B visas are subject to an annual cap and lottery system. Petitions are registered electronically, and selected cases are invited to file full petitions.
Our firm assists with:
- H-1B lottery registration
- Cap-subject and cap-exempt filings
- Timely preparation of supporting documents
- Coordination with employers and beneficiaries
For professionals already in the United States, we also advise on change of status versus consular processing options.
Is the H-1B Lottery Changing in March 2026?
The H-1B lottery system keeps evolving to make things fairer. Starting March 2026, big changes hit for next year's visas (called FY 2027), including a new way to pick winners that favors higher-paying jobs and extra fees.
What that means:
- Pay-based lottery boost: This helps skilled workers at better salaries win more often. If a job pays more (based on government wage levels), it gets extra "lottery tickets." For example:
- Top pay (Level IV) gets 4 chances
- High pay (III) gets 3
- Medium pay (II) gets 2
- Entry-level pay (I) gets 1.
- New $100,000 fee: On top of the $215 signup fee, some visa petitions now cost employers up to $100,000 extra if going through a U.S. consulate abroad.
- Key dates: Sign up for FY 2027 starts March 4–19, 2026. Winners will be announced by the end of March and filing full paperwork begins in April.
Only 85,000 H-1B visas go out each year, so demand is huge. These tweaks aim to reward companies hiring for top talent.
Portner & Shure, P.A. tracks USCIS updates like these. We guide employers on wage strategies, registrations, and compliance to increase chances. Contact us to assess your 2026 hiring plans.
H-1B Cap-Exempt Employers
Certain employers are exempt from the annual H-1B cap, allowing them to file petitions at any time of year. These include:
- Colleges and universities
- Nonprofit organizations affiliated with higher education
- Nonprofit and governmental research institutions
At Portner & Shure, P.A., We help employers determine whether they qualify as cap-exempt and structure filings accordingly.
H-1B Transfer and Renewal Process
Professionals already in H-1B status may change employers through an H-1B transfer or extend their status through renewal. These processes still require careful documentation and compliance.
Our attorneys can assist with:
- H-1B portability and transfers
- Extensions beyond the initial three-year period
- Maintaining lawful status during job changes
- Coordinating H-1B status with green card strategies
2026 H-1B Fee Updates and Proclamation Fee Changes
USCIS filing fees and new government charges are rising, including a major $100,000 petition fee for certain H-1B cap cases tied to consular processing. These hikes, on top of the $215 registration fee and standard filing costs, can hit employer budgets hard, especially with wage-weighted lottery odds now favoring higher-salary roles.
Portner & Shure, P.A. breaks it down for you:
- Current USCIS fees: H-1B registration ($215), base petition ($780+), plus premium processing ($2,805) and asylum fee ($600).
- New 2026 H-1B extras: Up to $100,000 for cap-subject petitions using consulates; proclamation fees add layers for national interest cases.
- Employer costs and planning: We map full expenses, flag reimbursable items, and strategize budgets around transfers/renewals to sidestep lottery fees altogether.
Stay ahead of these changes. Contact us to review your 2026 immigration related business plans.
Why Work With an H-1B Visa Attorney?
The H-1B process is highly regulated and closely reviewed by immigration authorities, and even small errors can lead to delays or denials. A single missing document, an unclear job description, or an improperly completed form can trigger a request for evidence or a refusal. Working with an experienced H-1B visa attorney reduces risk and helps ensure compliance at every stage, from initial eligibility assessment through petition preparation, filing, and responses to USCIS inquiries.
Portner & Shure, P.A. offers a full-service approach that supports both employers and professionals throughout the H-1B process, including:
- In-depth knowledge of business immigration law and current USCIS policies.
- Experience handling complex H-1B filings, including cap-subject petitions, cap-exempt petitions, transfers, and renewals.
- Responding to Requests for Evidence (RFEs) and addressing USCIS questions quickly and accurately.
- Strategic planning to align immigration timelines with hiring needs, project deadlines, and long-term workforce goals.
- Personalized guidance tailored to your situation and location across Maryland, Virginia, Washington, D.C., Kentucky, and North Carolina.
Whether you are an employer seeking to sponsor workers or a professional pursuing work authorization, our firm is prepared to help you navigate the H-1B process with clarity and confidence. We will review your case, identify the strongest path forward, and handle the technical filing details so you can focus on your business or career.
To discuss your situation and next steps, contact us today at (410) 995-1515 to schedule your free, confidential consultation and get the help you need for your H-1B Visa application.
