H1B Employers and Workers
H-1B visa category allows U.S. employers to hire highly skilled foreign nationals for specialty occupations requiring at least a bachelor's degree or equivalent. Foreign nationals with Bachelors, Masters or ph.d. and even professional education may qualify for this visa. Strict adherence to regulatory requirements is important to avoid risk of petition delays, denials or revocations.
Professionals in many fields such as:
- Healthcare
- Engineering,
- IT & technology
- Education
- Scientists and researchers in any field,
- Law, Finance and accounting
- Fashion designing and
- Many other industries,
may meet the educational eligibility criteria for the specialty occupation position and the foreign national can work for the U.S. employer upon approval of the h-1b petition.
Haranlaw is an H-1B immigration attorney practice based in Carmel, serving employers and foreign professionals in the Indianapolis area and throughout Indiana on H-1B cap, transfer, extension, and compliance matters.
Advantages of H1B status:
H-1B visa is the most desired employment-based nonimmigrant category for hiring skilled professionals. For employers, it provides a structured way of hiring qualified foreign professionals when qualified U.S. workers are not readily available allowing businesses to plan further growth without worrying for the skilled manpower.
Foreign national professionals prefer this non-immigrant visa category for the following most popular reasons:
- Lawful stay for up to 6 years and more; (3 yrs. max. at a time)
- Family members can live together;
- Dependent children could go to school;
- Apply for lawful permanent residence (green card);
- Extend h1b status beyond 6 yrs. pending green card;
- Spouse can obtain work authorization upon starting the green card process
H-1B Selection:
A New Final Rule imposes a weighted selection process to favor h1b candidates with higher skills and higher wages.
This rule will be effective February 27, 2026 and will apply to upcoming h1b cases being filed.
Qualifications for H-1B
H-1B positions are specialty occupation positions requiring specialized knowledge. If the minimum requirement for the job is a bachelor's degree or its equivalent and the job required special knowledge, it should be considered "specialty occupation."
Bachelor or higher educational degree as a job requirement. (Years of experience can substitute educational requirement.)
H-1B filings not subject to Cap
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Amendment
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Extension of Stay
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Change of Employer or Porting
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Concurrent h1b employment
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Recapture petitions
Additional $100,000 H-1B fee requirement & The National Interest Waiver Exemption
START
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Is the H-1B petition requesting Change of Status (COS) inside the U.S.?
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├── YES
│ │
│ ▼
│ Does USCIS APPROVE Change of Status?
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│ ├── YES → ❌ $100,000 fee does NOT apply
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│ └── NO (COS denied or applicant not eligible)
│ │
│ ▼
│ Case converts to Consular / POE Notification
│ │
│ ▼
│ → ✅ $100,000 fee APPLIES (Scenario #3)
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└── NO (Petition requests Consular or POE Notification)
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Does the beneficiary already have a VALID H-1B visa stamp?
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├── YES → ❌ $100,000 fee does NOT apply
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└── NO
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Must the beneficiary ENTER the U.S. to activate H-1B status?
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├── NO → ❌ Fee does NOT apply
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└── YES → ✅ $100,000 fee APPLIES (Scenario #1)
EXCEPTION: the fee may be waived by the Secretary of State requiring the employer to pay the fee would be contrary to the national interest and if no competent U. S. worker is available for the position and h1b candidate is not a threat to the security and welfare of United States.
What is H-1B Recapture?
An H-1B visa holder is entitled to a full 6-year period of status from the date of initial entry in the status. Any unused time e.g., 'days' spent outside U.S. by an H-1b holder do not count towards the allowable maximum period of stay and may be taken into account to extend the 6 year period by the same number of days. This provision applies to L visa also.
H1B process starts with employer registration with the USCIS. Registration of employers as h1b initiation process began for the first time in Fiscal Year 2021. Employers who wish to file h1b petitions to hire their foreign national candidates must first register with the USCIS. Since only 65,000 h-1b positions can be filled annually, a selection process is conducted through automated selection process if too many h1b registrations are sought. Since h1b workers are in very high demand, the lottery selection process is inevitable and happens year after year. Employers selected by the USCIS alone, (after registration) are notified and invited to submit the h1b petitions.
When to register:
For Fiscal Year 2027, H-1B registration period begins March 4, 2026 at noon and runs till March 19, 2026 till 12 noon.
H1b registration period for employers begins at an announced date, usually a couple of weeks in the month of March, when USCIS allows online registration by the employer. registration filing deadline has been extended by a day or two in the past when the agency faced technical glitches. Reportedly, this was due to system being overwhelmed with too many users.
The following h1b petitions can be filed at any time and are not cap subject:
Employer's Obligation
H1b employer must pay higher of actual wage or the prevailing wage prevailing in the area for the position, upon termination of employment pay return travel expenses among other obligations. Call for advice.
American Competitiveness in the Twenty First Century Act (AC-21) porting
7th year extension, beyond six years period of h1b employment is possible in many cases; if the employment-based immigrant visa petition is filed and pending.
H-1B Extensions Beyond the 6-Year Limit (7th-Year Extensions)
In many cases, H-1B status can be extended beyond the standard 6-year limit. Ordinarily, H-1B employment is limited to a maximum of six years, and is typically granted for an initial maximum period of three-years and extendable for an additional three years.
However, under the American Competitiveness in the Twenty-First Century Act (AC21), certain foreign national workers may qualify for extensions beyond six years if they are pursuing U.S. permanent residence.
When 7th-Year (or beyond) H-1B Extension is Possible?
An extension beyond six years may be available if:
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A PERM labor certification, I-140 immigrant petition, or adjustment of status application was filed at least 365 days before the end of the sixth year, and, The permanent residence process remains pending or meets statutory criteria for extension. Or;
- I-140 is approved for over 6 months and remains valid.
Depending on the case, extensions may be granted in one-year or three-year increments.
Plan Early to Avoid Gaps in Status
Because eligibility depends on timing and the status of the green card process, early planning is critical to maintaining lawful status and uninterrupted employment.
Ideally, you should consult an immigration attorney before the end of your fourth year of H-1B status to evaluate green card strategy and preserve eligibility for future H-1B extensions.
Premium Processing
Faster processing of h1b petitions is possible for an additional filing fee called “premium processing.” There has been several upward revisions. It requires the agency to take action on an H1B petition within 15 days of its receipt. However, deficient h1b applications may not benefit from this process.
Premium Processing fee is going up again starting March 1, 2026. Premium processing is optional.
For more information on planning for your immigration status, call to schedule a consultation.
Employers must file an amendment of the initial h1b petition under certain circumstances!
Reasons could be organizational restructuring, significant changes in the job duties or change in work location usually require changes in petition and this can be accomplished by filing amendment and a new labor condition application.
Not all changes mandate an amended filing. Problems of lack of transparency in corporate management resulting in timely compliance with immigration regulation can result in failure to maintain status. Call for advice if have questions whether your establishment is in compliance with filing the h1b amended petition.
Call If You Need Help And You Are
U.S. EMPLOYER and have found a qualified foreign national you would like to hire for a period of up to three years; or,
Foreign national
FOREIGN NATIONAL with a job offer from a U.S. employer and would like to:
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Apply for authorized employment; or,
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Know if you qualify for h1b; or,
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Have your employer file an h1b petition for you; AND... IF,
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The position requires a Bachelor's Degree or higher as a minimum educational qualification.
(All requests are first assessed whether H1B eligibility criteria can be met.)
Legal Advice
Questions about initial h1b or extension eligibility with change of status or consular processing need; cap exempt h1b organizations; prevailing wage; employer obligation under Labor Condition Application (LCA); employer’s ability to pay issues; h1b fraud inspection; change of job location or of employer; business merger or acquisition; issues about h1b admission or change of status; or impending international travel.
Whether the employer institution qualifies to file cap exempt H1B requires an in-depth analysis. Normally, a non-profit or higher educational institution qualifies for this exemption, but many other institutions may also qualify through affiliation. Physicians, professors and researchers etc., seeking employment at a university or affiliated hospital or other institution may also qualify for cap exempt H-1B status.
Myth Buster
An H1B worker can be working for an employer different from the employer who sponsored the employee's permanent residence and filed the labor certification or I-140 immigrant visa petition.
Experience
H1b cases worked on so far, in the following industries: Healthcare, Business Management, Building Construction, Education, Engineering: Information Technology, Pharmaceutical, Environmental, Automotive, Sports, Manufacturing, Electronics, Heating & Cooling, and Communications. If you have a candidate "Haranlaw" would ike to help you.
What does it mean when the infamous CAP is reached!
H1B numbers are fixed by the Congress for each Fiscal Year for how many new H1b petitions could be approved. A total of 65,000 regular quota petitions (candidates with bachelor’s degree) and 20,000 petitions for advanced degree (Masters) candidates, could be filed per Fiscal Year i.e. a period of one year starting October 1st through September 30th of the following year. This means that no new cap subject H1B petitions can be approved beyond this number and consequently no new h1b position is available to U.S. employers until the filing begins for the next year.
So, it is very important that U.S. EMPLOYERS of future h1b employees plan early!
Due to a huge demand for professional workers in the United States and numerical limitations imposed on H1B petitions and limited available alternatives h1b worker category is oversubscribed.
NOTE: H1b extensions and New CAP EXEMPT h1b petitions can still be filed!
H1b category is oversubscribed (cap is reached) year after year. When the visa category is oversubscribed no further cap subject petitions could be filed. USCIS establishes a process for selecting the allowed number of petitions. Recently, to avoid the unnecessary efforts in preparing and filing petitions beyond the required numbers USCIS has started the employer registration process. Over the years an automated selection process picks the employers’ registration for specified candidates. Selected registrants are notified by the USCIS to file the H1b petition.
There are some H1B positions that are exempt from h1b cap. H1b petition can be filed for such positions anytime. Contact us if you are not sure whether your H1 position is cap exempt.
Preparing a successful H1B petition is a time-consuming process. Planning and preparation should start as early as possible.
Possibly yes, only if: (1) FULL-TIME Job position; (2) job qualification requires a bachelor’s or higher degree with or without years of experience
Congratulations! This is a time involved process. For cap subject h1b, the employer must first register with the USCIS, during the registration period. Please see "employer registration" above for more information. Cap exempt h1bs may be filed anytime. You can also call my office at (317) 660-6174 for more information.
Yes!
No! You are not required to be working with the employer at the time of filing your h1b.
Yes!
Great question! Need more information and answer depends upon what is your goal? Please schedule a consultation and provide your approval notice and employment offer letter with the new employer.
Possibly yes, with strategic planning.
If you desire more information or would like to plan for your immigration status, call to schedule a consultation.
H1B Worker Can't Be Removed
Badrawi v. U.S, 07-cv-01074-JCH, filed 4/12/11
The Federal Dist. Ct. Connecticut held that when an H1B worker filed a timely extension petition he is not removable upon expiry of his lawful stay.
The Court held that under the Federal Regulations such worker is employment authorized for 240 days from the date of expiry of his status. Fairnes and due process required that the foreign nationals stay within U.S. be considered authorized by the regulations.
H-1B Request For Evidence (RFE): now what?
H-1b petition as filed, if did not justify eligibility criteria, would meet with request for evidence popularly called RFE. When USCIS finds an h1b petition as approvable but there is insufficient supporting information to approve, it results in the request for evidence notice. Response is required within a time of 30/60/90 days failing which the petition will be denied.
Do not panic! Most of the times these RFEs can be well responded. Common reasons for RFE include last minute filing, employer serving third party clients, first time h1b filing, wages or educational criteria in issue, exempt employer but there may be others. An appropriate and timely response must be provided to obtain the h1b approval.
If you have questions; please call Haranlaw at (317) 660-6174 or email at Lharan@haranlaw.com
Documents to prepare H1b petition
About the Employer:
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Employer tax identification document
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Organization structure
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Authorized officer contact information
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Position description with duties
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Organization hierarchy & number of total employees
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Re-organization, if any
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Prior H1 employment
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Prior lay offs at this position
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Statement of Income & Expense/ Profit and Loss
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Licensing requirements for the position
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Additional documents are required for an employer that is a non profit affiliated entity
About the Foreign National Employee:
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Resumé
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Educational qualification i.e. graduation certificate, transcripts
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Passport & I-94 (if available)
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other records of educational, immigration, and biological information
Details of Family members (if any)
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Birth certificate,
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Marriage certificate
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passport
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I-94 (if any)