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Employment-based visa
H-1B Visa
The H-1B visa is the primary work visa for professionals in specialty occupations sponsored by U.S. employers. Parandian Law represents both employers and employees in H-1B petitions, extensions, transfers, and RFE
responses — from initial cap filing through adjustment of status and beyond.
We advise New York employers on wage level classification, specialty occupation documentation, and end-client placement requirements — the issues that drive the majority of H-1B RFEs and denials. For employees,
we provide clear guidance on maintaining status, changing employers, and coordinating H-1B strategy with long-term green card planning.
Our White Plains office serves employers and H-1B professionals throughout Westchester County, New York City, and the greater tri-state area.
Cap Filing · Extension · Transfer · RFE Response · Premium Processing · Dual Intent · Cap Exempt
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What is the H-1B visa
H-1B visa — the essentials
The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupation positions — roles that require at least a bachelor’s degree or equivalent in a specific field directly related to the job duties.
H-1B status is initially granted for three years and is renewable in three-year increments. There is no statutory limit on the number of extensions — an H-1B worker can remain in status indefinitely while pursuing permanent residence. H-1B also confers dual intent, meaning the visa holder can simultaneously pursue a green card without jeopardizing their nonimmigrant status.
Key FACTS
Initial period:
3 years
Maximum period:
6 years
Extensions:
Unlimited with green card pending
Spouse work auth:
H-4 EAD (pending litigation)
Annual cap:
85,000 (65K + 20K masters)
Premium Processing:
15 Business days
Cap year:
Oct 1 – Sep 30
What we handle
H-1B representation
Full-service H-1B counsel for New York employers and foreign national professionals.
New H-1B cap petitions
Cap-subject H-1B filings for the annual lottery — including registration strategy, petition preparation, and premium processing. We advise on wage level classification and specialty occupation documentation before filing.
H-1B transfers
Petition preparation for employees changing employers under H-1B portability — including concurrent H-1B filings for employees holding multiple positions.
RFE responses
Detailed responses to USCIS Requests for Evidence on specialty occupation, employer-employee relationship, and third-party placement issues — the most common grounds for H-1B RFEs.
H-1B extensions
Timely extension filings for employees approaching the end of their H-1B period — including same-employer extensions and extensions beyond the six-year cap under AC21.
How it works
Our H-1B process
01
Employer intake & strategy
We review the position, the beneficiary’s credentials, and the wage level — and advise on specialty occupation documentation, prevailing wage compliance, and filing strategy before preparing anything.
02
LCA filing
We prepare and file the Labor Condition Application with the Department of Labor — a required prerequisite for every H-1B petition. LCA processing typically takes 7 business days.
03
Petition preparation & filing
We draft the I-129 petition, support letter, and full evidence package — and file with USCIS with or without premium processing depending on your timeline.
04
RFE response & approval
If USCIS issues an RFE we prepare a detailed response addressing each ground. Upon approval we advise on next steps — consular processing, change of status, or green card planning.
Common questions
H-1B FAQ
How does the H-1B lottery work?
Each spring USCIS opens a registration window during which employers register prospective H-1B beneficiaries. In 2026 USCIS implemented a wage-weighted selection system replacing the prior random lottery. Registrations for higher wage level positions receive priority in the selection pool.
What is a specialty occupation?
A specialty occupation requires the theoretical and practical application of highly specialized knowledge and a bachelor’s degree or higher in a specific specialty directly related to the job duties. USCIS scrutinizes certain positions more closely — requiring careful documentation of the degree-to-duty relationship.
Can I change employers while on H-1B?
Yes — under H-1B portability you can begin working for a new employer as soon as the new employer files an H-1B transfer petition on your behalf. You do not need to wait for USCIS approval to start work.
Can my spouse work while I am on H-1B?
H-4 visa holders may apply for work authorization (H-4 EAD) if the H-1B holder has an approved I-140 or has been granted an H-1B extension beyond the six-year cap. The H-4 EAD program has faced ongoing litigation and its availability may change.
Questions about H-1B?
Speak directly with an H-1B attorney. Same-week availability for employers and employees.
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Prefer to speak directly?
Call us at (914) 793-2626
Use our secure intake form to tell us about your matter. We review every submission personally and respond within one business day.