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Practice Areas · H-1B

H-1BSpecialized professionals

The H-1B is designed for qualified professionals hired by U.S. companies to perform roles requiring specialized technical knowledge.

Annual lotteryEmployer sponsorshipPath to Green Card
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Overview

What the H-1B visa is

The H-1B is one of the main gateways for qualified professionals into the U.S. market, particularly in technology, engineering, healthcare, finance and applied sciences.

A temporary visa for professionals with a bachelor's degree hired for a role that requires specialized technical knowledge, formally sponsored by a U.S. employer.

Eligibility

Core criteria

  • Formal job offer from a U.S. company.
  • Compatible academic credentials (bachelor's degree or recognized equivalent).
  • Role classified as a specialty occupation.
  • Salary consistent with the prevailing wage for the role and region.
Benefits

Key benefits

  • Formal professional experience in the U.S. market.
  • Initial three-year visa, renewable up to six.
  • Spouse and unmarried children under 21 are included.
  • H-4 spouse may qualify for work authorization under specific conditions.
  • Compatible with a later transition to permanent residence.

Talk to our team about H-1B.

Assess with our attorneys whether H-1B is the most suitable strategy for your professional and family trajectory.

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Process

How we build an H-1B case

  1. 01

    Assessment of the role, credentials and sponsoring employer.

  2. 02

    Electronic registration and annual lottery.

  3. 03

    Preparation and filing of the I-129 petition after selection.

  4. 04

    Consular processing or change of status, as applicable.

“Immigration is a strategic decision. Every trajectory requires an individualized analysis and a legal structure built around the client's objectives.”

André Linhares, Esq.Founding Attorney · Linhares Law
Frequently Asked Questions

Clarifications on H-1B.

In most cases yes, given demand. Universities, research institutions and certain non-profits are exempt from the cap.

Yes, through a new transfer petition filed by the new employer.

Yes, under specific conditions, generally where the H-1B holder has an approved I-140 and is waiting for their priority date.

The H-1B may be renewed up to a total of six years. Specific extensions are available in connection with pending immigrant petitions.

Yes. The H-1B is compatible with a parallel immigrant filing, EB-2 NIW, EB-2 PERM, EB-3 or EB-1, as appropriate.

It sets the legally acceptable minimum salary for the role and region, following the Department of Labor methodology.

Yes, provided they demonstrate financial ability, a qualifying technical role and market-consistent salary.

No. The lottery is electronic and runs through the U.S. employer's registration, regardless of the professional's current location.

Employment typically begins on October 1 of the corresponding fiscal year, with the petition filed in the months following selection.

The H-1B requires an employment relationship with a qualifying employer. Independent activity requires a different immigration category.
Related Areas

Other immigration strategies.

EB-2 NIW

Green Card through the National Interest Waiver

For highly qualified professionals whose work advances the interests of the United States. The EB-2 NIW allows the applicant to petition for a Green Card without an employer sponsor or a job offer, offering a strategic path for researchers, physicians, engineers, entrepreneurs, executives and other specialists with a distinguished record.

EB-1

Green Card for professionals of international standing

One of the most distinguished employment-based immigrant categories, reserved for individuals who have achieved meaningful recognition in their fields.

E-2

Investment and business operation in the United States

The E-2 visa is available to investors from treaty countries, allowing them to direct and develop a U.S. business through a substantial investment.

Schedule a strategic consultation.

Start an institutional conversation with our attorneys and assess whether H-1B is the right strategy for your objectives.

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