H-1B Specialty Occupation
H-1B Specialty Occupation
The standard path for hiring international professionals now reshaped by a wage-weighted lottery and new fees. We navigate the cap, the compliance, and the alternatives to secure the talent you need.
The standard path for hiring international professionals now reshaped by a wage-weighted lottery and new fees. We navigate the cap, the compliance, and the alternatives to secure the talent you need.
The 2026 Cost & Policy Landscape
The 2026 Cost & Policy Landscape
H-1B sponsorship has grown more expensive and more scrutinized including a recent $100,000 fee on certain new petitions for workers abroad, and selection and fee rules that keep shifting through litigation.
H-1B sponsorship has grown more expensive and more scrutinized including a recent $100,000 fee on certain new petitions for workers abroad, and selection and fee rules that keep shifting through litigation.
Advantages
Advantages
Dual Intent
Dual Intent
Safest bridge from temporary work to permanent residency.
Safest bridge from temporary work to permanent residency.
Specialty Access
Specialty Access
Access to a global pool of highly skilled talent.
Access to a global pool of highly skilled talent.
Portability
Portability
H-1B employees can easily transfer between employers once approved.
H-1B employees can easily transfer between employers once approved.
The Annual Cap Cycle
The Annual Cap Cycle
The H-1B is subject to an annual limit of 85,000 visas.
Timing is non-negotiable.
The H-1B is subject to an annual limit of 85,000 visas. Timing is non-negotiable.
Spring
Spring
Registration
Registration
the electronic registration window opens; we submit candidates with the required wage-level and position data.
the electronic registration window opens; we submit candidates with the required wage-level and position data.
Spring
Spring
Selection
Selection
USCIS runs the weighted selection; only selected registrations may file a full petition.
USCIS runs the weighted selection; only selected registrations may file a full petition.
October 1st
October 1st
Activation
Activation
Approved H-1B status officially begins with the new fiscal year.
Approved H-1B status officially begins with the new fiscal year.
Key Conditions
Key Conditions
The "Specialty" Test
The "Specialty" Test
The position must normally require a Bachelor’s degree or higher in a specific field.
The position must normally require a Bachelor’s degree or higher in a specific field.
The position must normally require a Bachelor’s degree or higher in a specific field.
Prevailing Wage
Prevailing Wage
The employer must pay at least the higher of the actual wage paid to similar workers or the prevailing wage for the role and area.
The employer must pay at least the higher of the actual wage paid to similar workers or the prevailing wage for the role and area.
The employer must pay at least the higher of the actual wage paid to similar workers or the prevailing wage for the role and area.
Employer-Employee Relationship
Employer-Employee Relationship
The company must have the right to hire, fire, and supervise the applicant. (Self-sponsoring founders face high scrutiny here).
The company must have the right to hire, fire, and supervise the applicant. (Self-sponsoring founders face high scrutiny here).
Education Equivalence
Education Equivalence
A foreign degree must be shown equivalent to a U.S. bachelor's; we handle the credential evaluation.
A foreign degree must be shown equivalent to a U.S. bachelor's; we handle the credential evaluation.
A foreign degree must be shown equivalent to a U.S. bachelor's; we handle the credential evaluation.
Our Process
Our Process
1
Feasibility & classification
Feasibility & Code Matching
We confirm the role qualifies as a specialty occupation, identify the correct occupational classification and wage level, and assess selection odds under the weighted system.
We confirm the role qualifies as a specialty occupation, identify the correct occupational classification and wage level, and assess selection odds under the weighted system.
2
Registration
Lottery Registration
We prepare and submit the electronic registration during the filing window, with the wage-level and position data the weighted selection now requires.
We prepare and submit the electronic registration during the filing window, with the wage-level and position data the weighted selection now requires.
3
Labor Condition Application
The Application
Before filing with USCIS, we must certify wage compliance with the Dept. of Labor. We manage this public disclosure file for you.
Before filing with USCIS, we must certify wage compliance with the Dept. of Labor. We manage this public disclosure file for you.
4
Petition & decision
Petition Assembly
For selected cases, we assemble the full petition proving the specialty-occupation nature of the role and the candidate's qualifications, and manage the USCIS process.
For selected cases, we assemble the full petition proving the specialty-occupation nature of the role and the candidate's qualifications, and manage the USCIS process.
Beyond the Lottery
Beyond the Lottery
The lottery isn't the only door. We identify eligibility for cap-exempt filings and alternative merit-based visas to keep your talent onsite.
The lottery isn't the only door. We identify eligibility for cap-exempt filings and alternative merit-based visas to keep your talent onsite.
Cap-Exempt Petitions
Cap-Exempt Petitions
Universities, non-profit research organizations, and government research entities can file H-1B petitions year-round.
No Lottery Risk.
File Anytime (365 days/year).
Concurrent Employment (Work for a private company and a university simultaneously).
Plan B Alternatives
Plan B Alternatives
How We Work
How We Work
A deliberately limited caseload
A deliberately limited caseload
We take on fewer matters than a high-volume firm, by design. Your case receives focused, senior-level attention, not a place in a queue of hundreds.
We take on fewer matters than a high-volume firm, by design. Your case receives focused, senior-level attention, not a place in a queue of hundreds.
Every filing reviewed, then reviewed again
Every filing reviewed, then reviewed again
Before anything reaches the government, it passes through a careful, multi-step review. The small errors and inconsistencies that trigger Requests for Evidence, delays, and denials are precisely what that process is built to catch.
Before anything reaches the government, it passes through a careful, multi-step review. The small errors and inconsistencies that trigger Requests for Evidence, delays, and denials are precisely what that process is built to catch.
Direct access to your attorney
Direct access to your attorney
You work with the attorney handling your case from start to finish, clear answers, proactive updates, one point of accountability, not a rotating cast of assistants.
You work with the attorney handling your case from start to finish, clear answers, proactive updates, one point of accountability, not a rotating cast of assistants.
The content on this website is for informational purposes only, does not constitute legal advice, and does not establish an attorney-client relationship until a formal engagement agreement is signed. Past results do not guarantee future outcomes.
© 2016-2026 Mamdani Law. All Rights Reserved.
The content on this website is for informational purposes only, does not constitute legal advice, and does not establish an attorney-client relationship until a formal engagement agreement is signed. Past results do not guarantee future outcomes.
© 2016-2026 Mamdani Law. All Rights Reserved.
The content on this website is for informational purposes only, does not constitute legal advice, and does not establish an attorney-client relationship until a formal engagement agreement is signed. Past results do not guarantee future outcomes.
© 2016-2026 Mamdani Law. All Rights Reserved.