Florida H-1B Visa Lawyer

The H-1B visa allows a Florida employer to hire a foreign professional for a specialty occupation. It is one of the most widely used temporary work visas in the United States, and it is often the first step toward a longer career here and, eventually, permanent residence. The Law Offices of Albert Goodwin, PA, based in Coral Gables, represents both employers and workers across Florida, and because immigration is federal law, we can assist clients elsewhere in the country and abroad as well.

The H-1B process involves several moving parts: the annual numerical cap, an electronic registration lottery, a Labor Condition Application filed with the Department of Labor, and a petition filed with U.S. Citizenship and Immigration Services. Each step has its own rules and deadlines. The summary below explains how the category works and where a lawyer can help.

What the H-1B Visa Is

The H-1B is a nonimmigrant category for people coming to the United States to work temporarily in a specialty occupation. The job, and the worker, must meet specific requirements before the visa can be approved.

The Specialty Occupation Requirement

A specialty occupation is one that normally requires the theoretical and practical application of a body of specialized knowledge, along with at least a bachelor's degree or its equivalent in the specific field. Common examples include engineers, software developers, accountants, architects, scientists, financial analysts, and many healthcare roles. Two things generally have to line up:

The position itself must require at least a bachelor's degree in a related specialty, not just any degree.
The worker must hold that degree, or have an equivalent combination of education and experience, in the relevant field.

Where a foreign degree is involved, a credential evaluation may be needed to show that it is equivalent to a U.S. bachelor's degree. Documenting the connection between the degree and the duties is often the most important part of a strong petition.

The Annual Cap and the Registration Lottery

Congress limits the number of new H-1B visas available each fiscal year. There is a regular cap and an additional allotment reserved for people who hold a U.S. master's degree or higher. Because demand usually exceeds supply, USCIS runs an electronic registration system.

During a registration window, typically in March, the employer electronically registers each intended worker and pays a registration fee.
If more registrations are received than there are visas, USCIS conducts a random selection, often called the lottery.
Employers whose registrations are selected may then file a full H-1B petition during the filing period that follows, usually starting April 1, with an employment start date of October 1.

Because selection is random, careful and timely registration matters. We help Florida employers organize their registrations, prepare petitions in advance so they are ready to file if selected, and respond to any requests for evidence.

The Labor Condition Application and Prevailing Wage

Before filing an H-1B petition, the employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor. The LCA is the employer's set of promises about wages and working conditions. Among other things, the employer attests that it will:

Pay the worker at least the higher of the prevailing wage for the occupation in that area or the actual wage paid to similar employees.
Provide working conditions that will not adversely affect other workers.
Not employ the H-1B worker during a strike or lockout.
Give notice of the filing to other workers, for example by posting the LCA.

The prevailing wage is tied to the occupation and the geographic area of employment, so the figure for Miami, Orlando, Tampa, or another part of Florida reflects local data. Employers must also keep a public access file documenting compliance. Getting the wage level and job classification right at the start helps avoid problems later.

Cap-Exempt Employers

Not every H-1B position is subject to the cap or the lottery. Certain employers are cap-exempt, which means they can file H-1B petitions at any time of year without going through the random selection. These generally include:

Institutions of higher education, such as universities.
Nonprofit organizations related to or affiliated with a university.
Nonprofit research organizations and governmental research organizations.

Florida is home to many universities, hospitals, and research institutions that may qualify. A worker employed by a cap-exempt institution may sometimes also work concurrently for a cap-subject employer. We help analyze whether a particular position qualifies for cap-exempt treatment.

Duration, Extensions, and AC21

An H-1B is usually granted for an initial period of up to three years, and it can generally be extended to a total of six years. After six years, a worker normally must spend time outside the United States before another H-1B period, but there are important exceptions.

Under the American Competitiveness in the Twenty-First Century Act (AC21), an H-1B worker who is progressing through the green card process may extend H-1B status beyond six years in certain situations, for example:

One-year extensions when a labor certification or immigrant petition has been pending for a long enough time.
Three-year extensions when an immigrant petition is approved but a green card number is not yet available because of per-country backlogs.

These provisions allow many professionals to keep working while they wait for permanent residence, which is discussed further below.

Changing Employers and Portability

H-1B status is tied to a specific employer and position, but workers are not locked in. Under H-1B portability rules, a worker who already holds H-1B status can generally begin working for a new employer as soon as that employer files a new H-1B petition, without waiting for it to be approved, as long as the worker has been lawfully admitted and the petition is non-frivolous.

A transfer of this kind is usually not subject to the cap if the worker was already counted against it. We assist Florida employers who are recruiting H-1B professionals and workers who are considering a move, so that the timing of the new petition and the end of the prior job are handled carefully.

H-4 Dependents and H-4 Work Authorization

The spouse and unmarried children under 21 of an H-1B worker can apply for H-4 status to live in the United States. H-4 family members may study, and in some cases the spouse may work.

An H-4 spouse may be eligible for an employment authorization document (H-4 EAD) when the H-1B worker has reached certain stages of the green card process, generally after an immigrant petition has been approved or H-1B status has been extended beyond six years under AC21. The work authorization is not automatic; it requires a separate application. We help families understand whether an H-4 spouse qualifies and prepare the filing.

From H-1B to a Green Card

The H-1B is one of the few work visas that allows dual intent, meaning a worker can pursue permanent residence without jeopardizing the temporary status. For many professionals, the H-1B is a bridge to a green card. A common path runs through employment-based immigration, often beginning with a labor certification and an employer-sponsored immigrant petition, followed by adjustment of status or consular processing.

Depending on a person's background, other routes to a green card may also be available. Investors, for example, may consider the EB-5 investor visa. The right strategy depends on the job, the worker's qualifications, and the applicable visa backlogs, and it is worth planning early.

Frequently Asked Questions

Can I start working as soon as my H-1B is registered?

No. Registration only enters you into the selection process. If your registration is selected, the employer still has to file a petition, and for a new cap-subject case the employment start date is usually October 1. A worker changing employers under portability is different and may often begin sooner.

What happens if I lose my H-1B job?

A worker whose H-1B employment ends generally has a grace period of up to 60 days, or until the existing status expires, whichever is shorter, to find a new employer, change status, or prepare to depart. Acting quickly within that window is important, and we can help evaluate the options.

Does my employer have to pay the filing fees?

Employers are responsible for certain H-1B costs, and the law prohibits passing some required fees on to the worker. The specifics depend on the type of fee. We advise employers on which costs they must bear so that the petition stays compliant.

Can my H-1B time be extended past six years?

Yes, in defined circumstances. If you have started the green card process and meet the AC21 conditions described above, you may qualify for one-year or three-year extensions beyond the usual six-year limit. Eligibility depends on the stage of your case.

If you are a Florida employer planning to sponsor a professional, or a worker with questions about your H-1B options, contact the Law Offices of Albert Goodwin, PA. Call 786-522-1411, email email@floridaimmigrationlawoffice.com, or visit our contact page to schedule a consultation.