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H-1B Specialty Occupation Visa Petition

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Publication date: 21.07.2025
Reading time: 6 minutes
Number of views: 4
Stage Term (days) Cost
  • 1
    Preliminary Eligibility Review
    4 $484.00
    • Candidate Profile Analysis (Education, Experience, Profession)
    • Vacancy Analysis (Job Description, Requirements, Industry)
    • Consultation with Employer on Specialty Occupation Requirements
    • H-1B Quota or Cap-Exempt Status Check
  • 2
    Labor Condition Application
    10 $544.50
    • Preparation and Submission of Form ETA-9035 to the US Department of Labor
    • Calculation of Prevailing Wage (Average Wage in the Region)
    • Notification of H-1B Candidate Hiring (LCA Notice Posting)
    • Obtaining LCA Certification (Usually 7 Business Days)
  • 3
    Preparation
    15 $2,178.00
    • Collection and analysis of applicant's documents (diplomas, certificates, resume)
    • Preparation of a detailed job description confirming "specialty occupation"
    • Preparation of a cover letter-justification to USCIS
    • Filling out and submitting the I‑129 Petition for a Nonimmigrant Worker form
    • Formation of a complete package of documents for submission to USCIS
  • 4
    Registration in the electronic lottery
    1 $181.50
    • Registration of the company in the system USCIS
    • Filing an electronic registration for a candidate
    • Tracking lottery results
In general
30 $3,388.00

Filing an H-1B Specialty Occupation Visa: How to Get a Work Permit in the USA

 

The H-1B visa is one of the most popular types of non-immigrant visas to the USA for highly skilled professionals. It allows an employer in the USA to hire a foreign worker for a specialized position that requires in-depth theoretical and technical knowledge, as well as a bachelor's degree or higher. If you are looking for a path to career development in the USA, this visa can be your start.

 

How to file an H-1B petition for specialty occupation visa

 

The procedure for filing an H-1B petition begins with an assessment of whether the vacancy meets the requirements of a specialty occupation. This means that the position must require at least a bachelor's degree in a relevant field (for example, IT, engineering, medicine, finance). Our specialists will help:

  1. Evaluate the vacancy according to USCIS requirements;
  2. Prepare all documents for filing the petition;
  3. Collect evidence of the employee's qualifications.
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Filing a petition also involves filling out Form I-129 and attaching additional materials: diplomas, certificates, resumes, job descriptions, etc.

 

Labor Condition Application (LCA) and job description

 

Before filing a petition, the employer must file a Labor Condition Application (LCA) with the US Department of Labor. The LCA specifies the terms of employment, salary level, location of work, and confirmation that the employee will not worsen conditions in the local labor market.

We will help you prepare:

  • A correctly calculated prevailing wage;
  • Notification to company employees;
  • Job description, which will confirm the complexity and uniqueness of the position (to avoid rejection or request for additional evidence - RFE).

 

Registration in the H-1B lottery and filing a petition

 

Due to the high demand for H-1B visas, most applications fall under the visa lottery. We:

  • Register you in the USCIS electronic system (March-April);
  • Track the results of the selection;
  • Promptly file a petition in case of winning.
  • If you do not pass the selection, alternative ways of filing under the cap-exempt category are possible.

 

Support after the petition is approved

 

After the H-1B petition is approved, the employee can:

  • Obtain a visa at the US consulate in their country (if outside the US);
  • Or change their status within the country (if already in the US).

 

We also advise on:

  • Starting work (from October 1);
  • Transferring to another employer (H-1B transfer);
  • Visa extension (up to 6 years with the possibility of transferring to a green card).

 

Conclusion

The H-1B visa is an effective tool for highly qualified foreign professionals seeking to develop their careers in the United States, and for American companies seeking talented employees from around the world. The petition process requires attention to detail, knowledge of legal requirements, and timely response to all stages of the process — from registering in the lottery to submitting a full package of documents. The legal marketplace “Consultant” offers comprehensive support for clients seeking to file a successful H-1B petition. With us, you will get a reliable partner who will take care of the accuracy, compliance of documents with requirements, and minimize the risks of rejection. Submit your application — and take the first step towards legal employment in the United States today.

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  • Does an immigration lawyer analyze the vacancy’s compliance with the “specialty occupation” requirements?
  • Is it the lawyer’s responsibility to file a Labor Condition Application (LCA)?
  • Do I need to file Form I-129 on my own without the involvement of a lawyer?
  • Is it possible to get an H-1B visa without participating in the lottery?
  • Is expedited petition processing included in the standard service fee?
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