H-1B & H-1B1 Speciality-Occupation Visas
Does your company need to hire a foreign professional, or are you a global talent looking to work in the United States? The H-1B (and its sister category, H-1B1 for citizens of Singapore and Chile) is the go-to visa for “specialty occupations.” Burgos Law makes the process clear, strategic, and stress-free—from first evaluation through final approval.
What Counts as a “Specialty Occupation”?
To qualify, the position must normally require:
- Theoretical & practical knowledge in a highly specialized field
- At least a U.S. bachelor’s (or higher) degree in that field—or its strict equivalent abroad
- A true employer-employee relationship (the company controls the work)
The employer proves the job meets this standard, and the foreign national shows they have the right degree and credentials.
ABOUT H-1B Visas: Understanding the H-1B Cap & Lottery
Annual Numbers & Key Dates
- 65,000 regular H-1Bs
- 20,000 extra slots for U.S. master’s holders
- March: Online lottery registration opens
- Early April: USCIS randomly selects “lottery winners”
- ~60 days: Employer files the full petition
- Oct 1: Earliest start-work date for that fiscal year
Because demand far exceeds supply, most first-time H-1Bs must win the lottery before a petition can be filed.
Cap-Exempt Employers (No Lottery Required)
Universities, nonprofit affiliates, and nonprofit/government research institutions can file H-1Bs any time of year—they are not subject to the annual cap. If an H-1B worker later moves to a for-profit company, they usually become cap-subject and must re-enter the lottery.
Portability & Changes on H-1B
- Changing employers: The new company files its own H-1B; work can often start when USCIS receives the approval.
- Multiple employers: Each must have its own approved H-1B.
- Job-duty, work-site and other significant changes: File an Amended Approval before the change takes effect.
Always talk with an experienced attorney first—small missteps can jeopardize status.
H-1B1 FOR SINGAPORE & CHILE A Fast-Track Alternative
If you’re a citizen of Singapore or Chile, the H-1B1 offers all the same specialty-occupation benefits plus:
- Apply directly at a U.S. consulate—no hefty USCIS filing fees
- Year-round filing (no lottery); 6,800 visas are set aside annually but have never been fully used
- Visa in your passport for seamless international travel
Spouses and unmarried children under 21 receive H-4 status. Spouses can apply for work authorization once the principal H-1B/H-1B1 worker meets certain milestones.
WHY EMPLOYERS & PROFESSIONALS CHOOSE Burgos Law
Strategic Planning
Robust Petitions
Full Lifecycle Support
Responsive Communication
Ready to Get Started?
Let’s schedule a strategy session and map out the fastest, safest route for your talent needs—or your own career in the United States.
FAQs
Can I use premium processing?
Yes—USCIS adjudicates in 15 business days for an extra fee (except the lottery selection itself)
Is the H-1B “dual intent”?
Yes. You can pursue a green card without jeopardizing H-1B status.
How long can I stay?
Up to 6 years in three-year increments, with extensions available if a green-card case is pending.
What if USCIS denies my petition?
Options include refiling, responding to a Request for Evidence, or challenging the decision in federal court—ask us for tailored guidance.