New York H-1B Visa Lawyer

New York H-1B Visa Attorneys With Decades of Experience

For decades, Spar & Bernstein has represented employers, professionals, and businesses throughout the United States in employment-based immigration matters. Our attorneys understand the legal and practical challenges associated with H-1B petitions, including specialty occupation requirements, wage compliance rules, and changing USCIS adjudication trends.

H-1B petitions require careful legal analysis and detailed preparation. USCIS reviews not only the foreign national’s qualifications, but also whether the offered role qualifies as a specialty occupation and whether the employer complies with Department of Labor regulations. Our firm works closely with employers and employees to prepare strategically organized petitions designed to reduce delays and strengthen approval prospects.

How we can help you

Spar & Bernstein provides end-to-end legal representation for H-1B employers and applicants.

1. H-1B Eligibility & Case Strategy Assessment
   We first determine whether the position qualifies as a specialty occupation and whether the beneficiary meets the educational and professional requirements. Our attorneys assess cap-subject versus cap-exempt eligibility, prior H-1B history, filing timelines, and the most effective overall strategy.
2. Employer Compliance & LCA Preparation
   Our firm guides employers through Labor Condition Application (LCA) requirements, including prevailing wage analysis, worksite compliance obligations, and Department of Labor regulations. Proper compliance planning before filing is critical to avoiding delays or penalties.
3. Petition Preparation & Filing
   We prepare and file Form I-129 with USCIS on behalf of the sponsoring employer. This includes drafting detailed specialty occupation support letters, organizing supporting evidence, documenting wage compliance, and presenting the case clearly and strategically.
4. Lottery Registration (If Cap-Subject)
   For cap-subject H-1B petitions, we manage the electronic registration process, advise clients on lottery timing and selection issues, and prepare filings promptly following selection to meet strict USCIS deadlines.
5. Case Monitoring, RFEs & Government Responses
   Representation continues after filing. Our attorneys track case status, provide updates, and prepare comprehensive responses to Requests for Evidence or other USCIS correspondence where necessary.
6. Consular Processing, Transfers & Ongoing Support
   Following approval, we assist with consular processing, DS-160 preparation, and interview guidance where applicable. We also handle H-1B transfers, amendments, extensions, and long-term planning related to employment-based permanent residence.

H-1B Petitions We Can Help You With

Cap-Subject H-1B Petitions

We assist employers filing H-1B petitions subject to the annual lottery system, including electronic registration, strategic filing preparation, and timely petition submission after selection.

Cap-Exempt H-1B Petitions

Our attorneys represent universities, nonprofit research organizations, government research institutions, and qualifying affiliated entities eligible for cap-exempt H-1B filings.

H-1B Transfers (Change of Employer)

We help H-1B professionals transition between employers while maintaining lawful status and complying with portability requirements.

H-1B Amendments

When material changes occur — such as worksite relocations, job duty changes, or salary adjustments — we prepare and file H-1B amendment petitions to maintain compliance.

H-1B Extensions

We represent employees seeking to extend H-1B status beyond the initial approval period, including extensions beyond six years where permitted under immigration law.

H-4 Visas for Dependents

Our firm also assists spouses and unmarried children under 21 with H-4 applications, extensions, and H-4 Employment Authorization Document (EAD) eligibility where applicable.

H-1B Application Process & What to Expect

The H-1B process generally begins with determining whether the offered position qualifies as a specialty occupation and whether the employee satisfies the educational and professional requirements for the role. For cap-subject cases, the employer must first complete the electronic registration process during the designated USCIS registration period.

Once selected, the employer files a Labor Condition Application with the Department of Labor before submitting Form I-129 and supporting documentation to USCIS. USCIS reviews the petition to determine whether the role qualifies as a specialty occupation, whether wage and compliance requirements are satisfied, and whether the beneficiary meets eligibility requirements.

Processing times vary depending on the filing type and whether premium processing is requested. USCIS may issue a Request for Evidence if additional documentation or clarification is needed. After approval, the applicant may either change status within the United States or complete visa processing at a U.S. consulate abroad.

Throughout every stage of the process, Spar & Bernstein manages compliance, filing strategy, employer coordination, and government communication to help clients navigate the H-1B process efficiently and effectively.