H-1B Visa — Approved Beyond the Lottery
Specialty occupation work visa enabling U.S. employers to hire foreign workers in fields like technology, finance, engineering, and architecture.
About This Visa
The H-1B is a nonimmigrant work visa for specialty occupations—roles that require, at minimum, a U.S. bachelor's degree or its equivalent in a directly related specific specialty. The statutory cap is 65,000 visas per fiscal year plus 20,000 for beneficiaries with a U.S. master's or higher degree. Higher-education institutions, certain affiliated nonprofits, and government research organizations are cap-exempt and can petition year-round.
USCIS shifted to a beneficiary-centric lottery in FY2025 (March 2024 registration), meaning each beneficiary has one chance in the lottery regardless of how many employers register them. The Department of Homeland Security's H-1B Modernization Rule, effective January 17, 2025, updated the specialty-occupation definition (requiring a 'directly related' degree) and revised rules around third-party placement, F-1 cap-gap, and amendments. These changes affect petition strategy and how cases are framed for adjudication.
At Locke Immigration Law, H-1B work spans cap-subject registration, cap-exempt petitions, amendments, transfers, extensions, and the entire RFE response cycle. We handle Department of Labor public-access-file compliance, prevailing-wage strategy across the four DOL wage tiers, and the third-party-placement documentation that USCIS now scrutinizes closely. We do not file template petitions; for borderline specialty-occupation determinations, we evaluate alternatives (O-1, L-1, E-3, TN, H-1B1) before committing the registration.
Total H-1B cap-subject visas per fiscal year (65,000 regular + 20,000 U.S. master's). Cap-exempt employers face no lottery and can file year-round.
Who Qualifies for an H-1B?
Both the position and the worker must independently qualify. Under the 2025 specialty-occupation rule, the offered position must require a directly related U.S. bachelor's degree (or equivalent) in a specific specialty, and the beneficiary must hold that degree (or its evaluated foreign equivalent or experience equivalent).
Valid job offer from a U.S. employer for a position requiring a directly related specialty-occupation degree
Beneficiary holds a U.S. bachelor's or higher in the directly related specialty, an evaluated foreign equivalent, or a qualifying experience-equivalency combination
Position duties are primarily specialty-occupation in nature, not general supervisory or business-administration work
Certified Labor Condition Application (LCA) at the correct prevailing-wage level for the role and worksite
The H-1B Process
Eligibility and Strategy Assessment
We confirm specialty-occupation fit under the 2025 rule, evaluate prevailing-wage tier options, and identify alternatives if H-1B is borderline. For cap-subject candidates, we plan around the March beneficiary-centric registration window; for cap-exempt employers, we file year-round.
Labor Condition Application (LCA)
The employer files Form 9035E with the Department of Labor via the FLAG system. We select the appropriate prevailing-wage source and tier, prepare the public-access file (required to be available the first day of employment), and document worksite locations for any third-party placement.
Cap-Subject Registration or Direct Filing
For cap-subject petitions, the employer registers the beneficiary in March under the beneficiary-centric lottery. If selected, the employer files Form I-129 with USCIS. Cap-exempt employers and amendments file directly without lottery.
I-129 Petition and USCIS Adjudication
We file Form I-129 with the LCA, evidence of the beneficiary's qualifications, position description, and supporting employer documentation. Premium processing is available for $2,965 with a 15-business-day response. Common adjudication pressure points include specialty-occupation fit, the beneficiary's degree-to-role match, and—for third-party placement—evidence of the employer-employee relationship and the specific work assignment at the end-client site.
Results, Credentials, Press
“A first-time H-1B petitioner received approval in just 6 days through premium processing—well under the 15-day guarantee.”
Loren Locke
Managing Attorney
Former U.S. consular officer in Matamoros, Mexico — adjudicated some 12,000 visa applications before founding Locke Immigration Law.
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Adjudicated 12,000+ visas at the U.S. Consulate, Mexico · Former U.S. Foreign Service Officer · J.D. William & Mary Law School
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