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H-1B

Empowering U.S. Companies with Global Talent

The H-1B visa allows U.S. employers to hire highly skilled foreign professionals in specialty occupations that require a bachelor’s degree or higher in a specific field. From tech and engineering to healthcare and finance, the H-1B program helps bridge the talent gap. At aiLegal, we guide both employers and employees through the complex H-1B process—ensuring compliance, accuracy, and the best chance of success in the lottery system.

What You Will Get with Us

  1. Step-by-Step Guided Process
    We break down the H-1B process into simple stages, from registration to petition filing, with clear timelines.

  2. Personalized Document Checklist
    Employers and employees get tailored checklists to ensure all required evidence, degrees, and credentials are properly documented.

  3. Employer Compliance Support
    We assist employers with Labor Condition Applications (LCAs) and Department of Labor requirements.

  4. Thorough Application Review
    Our team checks every petition multiple times to avoid mistakes that could delay or jeopardize approval.

  5. Comprehensive Legal Review
    An immigration attorney ensures your H-1B petition meets USCIS requirements and highlights the strongest aspects of your case.

  6. Ready-to-File Petition Package
    We assemble your petition in the exact format expected by USCIS, minimizing risk of rejection.

  7. Cap-Exempt Options
    We help employers and employees explore alternatives such as cap-exempt H-1Bs with universities, nonprofits, or research organizations.

  8. Extension & Green Card Pathway
    We support H-1B extensions and guide employees and employers through the transition from H-1B to permanent residency (Green Card).

  • Form I-129 (Petition for Nonimmigrant Worker, with H Classification Supplement)

  • Form ETA-9035/9035E (Labor Condition Application, filed with the Department of Labor)

  • Form I-539 (Application to Extend/Change Status, for dependents)

  • Form I-765 (Employment Authorization, for H-4 dependent spouses under eligible conditions)


Let’s Make a Plan Together 


Frequently Asked Questions


Who qualifies for an H-1B visa?

Professionals with a job offer in a specialty occupation requiring at least a bachelor’s degree (or equivalent) in a specific field.

How long is the H-1B valid?

Initial approval is up to 3 years, with extensions available for a maximum of 6 years. Longer stays may be possible if the employee is on a Green Card path.

What is the H-1B lottery?

Because demand exceeds the annual cap of 65,000 visas (plus 20,000 for U.S. master’s degree holders), USCIS runs a random lottery to select registrations for processing.

Can H-1B holders apply for a Green Card?

Yes. Many H-1B professionals transition to permanent residency through employer sponsorship (PERM and I-140 process).

Can family members join an H-1B holder?

Yes. Spouses and unmarried children under 21 can apply for H-4 status. Some H-4 spouses may be eligible for work authorization.

What’s the difference between H-1B and L-1A?

  • H-1B requires a U.S. job offer in a specialty occupation and is subject to the lottery cap.

  • L-1A is for intracompany transferees in executive/manager roles and does not require a lottery.


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