H-1B Visa Attorney in Miami

Who Qualifies for H-1B Status

To qualify, a position must meet the definition of a specialty occupation: one for which a bachelor’s degree in a specific field is normally the minimum requirement in the industry. USCIS doesn’t simply take the employer’s word for it. The agency evaluates the position against industry norms, not just the job description.

Common qualifying fields include engineering, information technology, finance, accounting, medicine, architecture, education, and the sciences. The worker must hold a U.S. bachelor’s degree or a foreign equivalent in a field directly related to the offered position. If the role requires a state license, such as a medical or engineering license, that unrestricted license must be in hand before USCIS can approve the petition.

Standard H-1B classification requires a U.S. employer to sponsor the petition. Self-petitions aren’t permitted under standard rules, though a 2025 regulatory update created a limited pathway for certain beneficiary-owners under specific conditions.

The H-1B Cap, Lottery & Filing Steps

Each fiscal year, 85,000 H-1B visas are available: 65,000 for bachelor’s-level candidates and a separate 20,000 for workers holding a U.S. master’s degree or higher. Demand consistently exceeds supply, so USCIS runs an electronic registration and lottery system each spring. Employers register during the annual window, and lottery selection notices go out by late March. Only selected registrations advance to full petition filing.

The filing sequence involves four main steps:

• Labor Condition Application (LCA): The employer files this with the Department of Labor before submitting anything to USCIS. The LCA certifies that the employer will pay at least the prevailing wage for the position and geographic area.
• Form I-129: The core H-1B petition filed with USCIS, accompanied by the approved LCA, supporting documentation for the specialty occupation claim, and evidence of the worker’s qualifications.
• USCIS adjudication: Standard processing averages two to six months. Premium processing reduces that to 15 calendar days for an additional government fee.
• Status or visa step: Workers already in the U.S. can request a change of status; workers abroad attend a consular interview after USCIS approval. New H-1B status takes effect no earlier than October 1 of the relevant fiscal year.

Why Miami Employers & Workers Choose Revilla Law Firm, P.A.

A former government immigration attorney doesn’t just know the rules. He knows the evidentiary standards USCIS officers apply when scrutinizing a specialty occupation claim and what documentation can make a petition hold up. Antonio G. Revilla III built that knowledge prosecuting cases for INS and the U.S. Department of Justice, and it directly shapes how we assemble H-1B petition packages today.

Antonio is a past President of the American Immigration Lawyers Association (AILA), South Florida Chapter, has participated in legislative advocacy for Comprehensive Immigration Reform, and is qualified as a court-recognized expert in immigration law. Employers dealing with H-1B Requests for Evidence, workers approaching the six-year maximum stay, and anyone navigating a complex multinational sponsorship situation will find that we handle exactly these kinds of referral cases. When other H-1B visa attorneys in Miami reach their limits, they send those cases to us.