H-1B Visa Attorney in Ewing Township, NJ

Immigration Legal Services for Foreign Professionals & Sponsoring Employers

The H-1B is a nonimmigrant temporary work visa that allows U.S. employers to hire foreign workers in specialty occupations requiring at least a bachelor’s degree or its equivalent in a directly related field. Both the employer and the foreign worker must meet USCIS eligibility requirements, and the process is time-sensitive. At Vindigni & Zeka Law Group, we assist individuals and employers with H-1B matters as part of our immigration legal services, which we handle nationwide alongside our personal injury practice. A free initial consultation lets you assess your situation without any financial commitment.

H-1B Specialty Occupation Requirements

USCIS defines a specialty occupation as one requiring the theoretical and practical application of highly specialized knowledge and at least a bachelor’s degree in a specific specialty. Common qualifying fields include engineering, computer science, medicine, accounting, finance, and architecture. The applicant’s degree must be directly related to the offered position, not just adjacent to it.

On the employer side, the sponsoring company must offer a role that meets the specialty occupation standard and comply with prevailing wage requirements. That means the offered wage must meet or exceed what similarly employed workers earn in the same geographic area. Both sides of the equation matter when USCIS reviews the petition.

The H-1B Cap, Lottery & Recent Regulatory Changes

USCIS issues 65,000 H-1B visas per fiscal year under the standard cap, with an additional 20,000 reserved for applicants holding a U.S. master’s degree or higher. When demand exceeds supply, USCIS selects registrations through a lottery. Employers register electronically during the annual USCIS registration window, paying a per-beneficiary fee for each prospective worker they submit.

The regulatory landscape has shifted significantly. A DHS final rule effective February 27, 2026, implements a weighted selection process for the FY 2027 cap season that favors higher-skilled and higher-paid applicants over a purely random draw. Separately, a September 2025 Presidential Proclamation introduced a $100,000 supplemental fee on certain new petitions, including petitions filed for workers outside the U.S. who don’t already hold a valid H-1B visa, and petitions requesting consular or port-of-entry notification even for workers already in the U.S. This fee doesn’t apply to extensions, amendments, or employer transfers for workers already in valid H-1B status, and its application is subject to ongoing legal proceedings. Contact our firm for current guidance on whether the fee applies to your situation.

Cap-exempt employers, including universities, nonprofit research organizations, and affiliated entities, may sponsor H-1B workers outside the annual cap. Premium processing is available for all H-1B petitions when employers need a faster USCIS response.

The H-1B Petition Process

Before filing with USCIS, the employer must obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor. The LCA attests to the prevailing wage and confirms the working conditions for the position. Once certified, the employer files Form I-129, the Petition for a Nonimmigrant Worker, along with supporting documentation: the certified LCA, evidence that the position qualifies as a specialty occupation, and the worker’s educational credentials.

Responding to Requests for Evidence

USCIS may issue a Request for Evidence (RFE) requiring additional documentation before adjudicating the petition. Responding thoroughly and within the allotted timeframe is critical. Incomplete or late responses are among the most common causes of H-1B petition delays and denials. Missing a deadline or submitting an outdated form edition can stall a case that was otherwise well-supported.

Visa Stamping and Status Changes

Workers outside the U.S. who are approved must apply for visa stamping at a U.S. consulate or embassy before entry. Workers already in the U.S. in valid status may be able to change status to H-1B without leaving, depending on their circumstances. At Vindigni & Zeka Law Group, we keep clients informed at every stage and communicate promptly when anything changes. Google-verified reviews describe our approach as attentive and proactive, and every matter we handle is tailored to the employer’s and worker’s specific circumstances.

Extensions, Transfers & the Path to a Green Card

The H-1B is initially granted for three years and may be extended for an additional three years, for a standard maximum of six years. Workers with a green card case in progress may be eligible to extend H-1B status beyond that ceiling. One-year extensions are available when at least 365 days have passed since a PERM labor certification or I-140 petition was filed on the worker’s behalf. Three-year extensions are available when an I-140 has been approved but the worker can’t yet adjust status due to per-country visa limits.

Dual Intent and Green Card Sponsorship

One of the H-1B’s most important features is dual intent: holding an H-1B visa doesn’t prevent a worker from simultaneously pursuing permanent residency. Employment-based green card sponsorship typically moves through three stages: PERM labor certification (if required by the job category), an I-140 immigrant petition, and adjustment of status or consular processing once a visa number becomes available.

AC21 Portability and Dependent Visas

H-1B holders who change employers may be able to port their green card case to the new employer under AC21 portability rules, provided the worker’s Form I-485 has been pending for at least 180 days, the I-140 is approved, and the new role falls in the same or a similar occupational classification. Spouses and children under 21 may enter the U.S. on H-4 dependent visas, permitting them to live and study. H-4 holders generally aren’t authorized to work unless they qualify for an H-4 Employment Authorization Document, a benefit tied to the principal worker’s green card process and subject to its own regulatory requirements.

Vindigni & Zeka Law Group for H-1B Representation in Ewing Township

Vindigni & Zeka Law Group was founded by Anthony J. Vindigni, Esq. and Sami Zeka, Esq., who together bring more than 30 years of combined legal experience across their practice areas. Anthony Vindigni was selected to the Super Lawyers Rising Stars list in 2022, 2023, and 2024, a designation reserved for no more than 2.5% of New Jersey attorneys based on peer nominations and independent research. He was also recognized by NJBiz as a Leader in the Law in 2024.

Our immigration clients receive the same responsiveness and personalized attention we bring to every case. Google-verified reviews, confirmed through Trustindex, describe our communication as prompt and proactive. Clients note that calls are answered and updates arrive the moment anything changes. For a matter where regulatory rules are shifting and deadlines are firm, that kind of attentiveness isn’t a luxury.

Start with a Free Consultation

H-1B rules are changing. Whether you’re an employer preparing to sponsor a foreign worker or a professional navigating your visa status, getting accurate legal guidance now can prevent costly mistakes later. We assist H-1B clients throughout the United States from our office in Ewing Township, NJ.