H-1B Visa Attorney

As a prospective H-1B beneficiary, you must meet one of the following: (a) hold a U.S. bachelor’s degree or higher required by the specialty occupation from an accredited college or university; (b) hold a foreign degree determined to be equivalent to a U.S. bachelor’s degree, USCIS may request a credential evaluation to confirm this; (c) hold an unrestricted state license, registration, or certification that authorizes full practice in the specialty occupation; or (d) have education, specialized training, and/or progressively responsible experience equivalent to a U.S. bachelor’s or higher degree, recognized through progressively responsible positions directly related to the specialty. If you hold a foreign degree or are relying on work experience, Buhler Thomas Law recommends obtaining an equivalency evaluation from World Education Service, Trustforte (with an Edge analysis), or Park Evaluation before filing.

USCIS defines a specialty occupation as one requiring the theoretical and practical application of highly specialized knowledge, including fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, accounting, law, and the arts, and at minimum a bachelor’s degree in a specific specialty for entry. As our H-1B visa attorney in Utah regularly advises clients, obtaining specialty visas for STEM majors is often more straightforward than for humanities or communications fields. Those seeking an H-1B visa in Salt Lake City or anywhere in Utah should plan ahead and choose a major that is favorable for visa issuance.

To establish that a position qualifies as a specialty occupation for H-1B purposes in Salt Lake City or anywhere in Utah, the petitioning employer must demonstrate one of the following: (1) a bachelor’s or higher degree is normally the minimum requirement for entry into the position; (2) the degree requirement is so characteristic of the industry, or the position is so complex and unique, that only a degreed individual can perform it; or (3) the nature of the specific duties is so specialized that the knowledge required is typically associated with a bachelor’s or higher degree. The team at Buhler Thomas Law works closely with employers to build strong specialty occupation evidence for every petition.

Yes. Some roles present greater challenges because they do not clearly meet the “specialty occupation” test, which requires the position to normally call for at least a bachelor’s degree in a specific, directly related field. Sales or generalized business roles can be difficult to qualify if the employer cannot show that the position, by its nature, requires a specialized bachelor’s degree rather than general skills or on-the-job training. Certain computer-industry roles, especially broad “analyst” or support positions, can also be harder to qualify when the job description looks more like general IT support than work that clearly requires a computer science, engineering, or other directly related technical degree. 

By contrast, positions in well-defined STEM fields (such as engineering, computer science, data science, and many research roles) tend to fit the specialty-occupation framework more naturally than roles in more general humanities, communications, or creative fields, where degree requirements and job duties are often less tightly linked. Success often comes down to how precisely the employer defines the job: detailed duties, a clear connection to a specific degree field, and a consistent history of requiring that degree can make a critical difference. If you are unsure whether your role qualifies, an immigration attorney at Buhler Thomas Law can review your job description, proposed degree requirement, and company history and then advise you on the strength of your case and any adjustments that might improve your odds before you invest time and resources in a petition.

Universities and related nonprofit entities, nonprofit research organizations, and government research organizations are generally exempt from the annual H-1B cap, so they can often file H-1B petitions without going through the lottery. A person who has never been counted against the cap is still treated as “cap-exempt” only as long as they remain in qualifying cap-exempt employment; if they later want to move to a regular, cap-subject employer, that new job normally must go through the H-1B registration and lottery process. In some situations, it is also possible to hold a concurrent H-1B, working for a cap-exempt employer and a cap-subject employer at the same time, if both jobs independently meet H-1B requirements. In total, most people can be in H-1B status for up to six years in the United States, across all H-1B employers combined, with limited exceptions that may allow additional time when certain employment-based green card steps have been started. If you have questions about whether a particular job is cap-exempt, whether concurrent H-1B employment is possible, or how close you are to the six-year limit, Buhler Thomas Law can review your situation and explain your options.

Congress still limits new cap-subject H-1B approvals to 65,000 each fiscal year, with an additional 20,000 numbers reserved for beneficiaries who hold a U.S. master’s degree or higher from a qualifying institution. When demand exceeds these caps, USCIS now uses a wage-weighted selection process rather than a purely random lottery: each valid registration is entered into the selection pool one to four times based on how the offered wage compares to the Department of Labor’s prevailing wage levels for that occupation and work location (Level I through Level IV), so higher wage levels receive proportionally better odds of selection. Employers first submit an electronic registration during the USCIS registration period, which usually runs in March, and only selected registrations may proceed to full petition filing, generally between April 1 and June 30 for an October 1 start date. Because the process is competitive and wage-sensitive, employers and employees should ideally begin preparing several months before the registration window opens to confirm the appropriate SOC code, prevailing wage level, and offered salary, and to gather the documents needed to support a strong, higher-wage, specialty-occupation case.

Before filing a cap-subject H-1B petition, the employer must submit an electronic registration to USCIS for each prospective beneficiary and pay the required nonrefundable registration fee for that fiscal year’s cap season. Under the current rule, each registration must identify not only basic employer and beneficiary information but also the offered wage, the job’s SOC code, the area of intended employment, and the corresponding Department of Labor prevailing wage level, because this wage level determines how many entries the registration receives in the wage-weighted selection pool. If USCIS selects the registration, the employer may then file the full H-1B petition during the designated filing period, and the information on the petition and certified LCA, particularly the wage level, SOC code, and work location, should be consistent with what was represented at registration to avoid selection-related issues.

No. The additional 20,000 H-1B visas are reserved exclusively for individuals who hold advanced degrees from U.S. colleges and universities. If you hold a foreign advanced degree, you will still be considered under the standard 65,000 cap. Contact Buhler Thomas Law to understand how your credentials factor into your eligibility and petition strategy for an H-1B visa in Salt Lake City or elsewhere in Utah.

No. If you hold a degree from a foreign college or university, you must obtain a foreign credential evaluation confirming that your education is equivalent to a U.S. bachelor’s degree. USCIS will review that evaluation as part of your H-1B visa application in Salt Lake City or elsewhere. The immigration attorneys at Buhler Thomas Law recommend obtaining an equivalency evaluation from companies such as World Education Service, Trustforte (with an Edge analysis), or Park Evaluation.

Yes. In some cases you may establish H-1B eligibility based in part or in whole on professional experience instead of a traditional four-year degree, as long as the job itself qualifies as a “specialty occupation” and your background is equivalent to at least a U.S. bachelor’s degree in that field. USCIS commonly follows a “three-for-one” guideline, under which three years of relevant, specialized training and/or progressively responsible work experience may be treated as equivalent to one year of college-level education in a related discipline, so someone with around twelve years of well-documented, progressive experience may be able to show the equivalent of a four-year U.S. bachelor’s degree.

Experience is typically documented through detailed letters from past and current employers that describe job titles, dates of employment, specific duties, technologies used, level of responsibility, and how your role progressed over time into professional-level work in the specialty. To convert that background into a formal degree equivalency, many H-1B applicants use independent expert opinion evaluations that combine foreign education (if any) with work experience; companies such as Park Evaluations and Trustforte are examples of services that provide these progressive work-experience evaluations consistent with USCIS’s three-for-one standards. Buhler Thomas Law can help you assess whether your experience is likely to be treated as degree-equivalent for H-1B purposes, coordinate a compliant evaluation, and gather the employer documentation needed to present a strong experience-based H-1B.

An H-1B petition may initially be valid for up to three years and can be extended for an additional three years, for a standard maximum of six years. After the sixth year, you must generally remain outside the U.S. for one year before obtaining a new H-1B unless you are eligible for an extension. If a PERM or I-140 petition has been pending for more than one year, you may receive annual one-year extensions beyond the six-year limit. If your I-140 has been approved but an immigrant visa is not yet available, three-year extensions may be available. Buhler Thomas Law can help you track your authorized period of stay and plan for timely extensions or a transition to a green card in Salt Lake City.

If you are already in H-1B status and have previously been counted against the cap, you are not subject to the lottery again, unless you were previously employed by a cap-exempt institution. Your new employer simply files a transfer petition on your behalf. Our immigration attorneys in Utah can confirm your cap status and advise on any amendments or extensions needed.

Yes. You cannot begin working for a new employer until that employer files a new H-1B petition on your behalf, which is a process known as ‘portability.’ However, because you are already in H-1B status, you may begin working for the new employer as soon as USCIS issues a receipt notice confirming the petition has been accepted, without waiting for full approval. Contact Buhler Thomas Law to ensure a smooth, compliant transition between employers.

Yes, but the H-1B is position-specific. If your employer wishes to significantly change your job duties or other material conditions of employment after your H-1B has been approved, the employer must file an amended petition with USCIS. The team at Buhler Thomas Law regularly assists employers with amended petitions to keep their sponsored employees in compliance.

Yes. You may work for more than one employer simultaneously, provided each employer files a separate H-1B petition on your behalf and receives its own petition approval. The H-1B is employer-specific and only authorizes work for the filing employer. If you have questions about concurrent H-1B employment in Salt Lake City or elsewhere in Utah, Buhler Thomas Law can help you understand your options.

Yes. A U.S. employer can file an H-1B petition on your behalf while you are residing abroad. Once the petition is approved, you would obtain the H-1B visa stamp at a U.S. embassy or consulate in your country and then enter the U.S. in that status. In many new cases involving workers outside the United States, a one-time $ 100,000-H-1B fee must also be paid by the employer under recent federal rules, which can significantly increase the overall cost of sponsorship. Buhler Thomas Law works with both U.S.-based and international clients throughout this process.

If your H-1B employment is terminated before your authorized period of stay ends, you have a 60-day grace period during which you may file for a new H-1B visa or other work visa, change to another immigration status, or depart the U.S. After that window closes, you will be out of status. Regardless of the circumstances, your former employer is generally liable for the cost of your return transportation to your home country, unless you voluntarily resigned. If you find yourself in this situation, contact Buhler Thomas Law right away. Our immigration attorney can help you evaluate your options quickly.

Yes. All H-1B workers must be paid the prevailing wage for their position in the geographic area of employment, as determined by the Department of Labor. This requirement applies equally regardless of what U.S. workers in comparable roles are paid. Employers can access the DOL online wage library for a preliminary determination. Our visa attorneys at Buhler Thomas Law guide employers through prevailing wage compliance from the outset.

Employment generally cannot begin until the H-1B petition is approved unless the worker already holds H-1B status with another employer, in which case employment may begin as soon as USCIS issues a receipt notice for the new petition. An employee whose extension was filed on time may also continue working for up to 240 days past the end date of the prior petition while the extension is pending. Buhler Thomas Law helps employers track these timelines closely to maintain continuous, compliant work authorization for their employees.

As early as possible, ideally when you begin interviewing with a prospective employer. Let them know that while you have current work authorization for one year (non-STEM) or up to 29 months (STEM), they will need to file for an H-1B work visa on your behalf at some point. Kim Buhler-Thomas and the team at Buhler Thomas Law recommend initiating the conversation well before the March registration window to allow adequate preparation time.

Not necessarily. Students should encourage employers to register for the H-1B lottery every year the student is on OPT to maximize their chances of selection. USCIS also allows registrations to be filed in March for applicants graduating between April 1 and June 30 of that same year. That said, most F-1 students will find it advantageous to use OPT to begin working right away, since cap-subject H-1B employment cannot begin until October 1 and lottery selection is not guaranteed. An immigration attorney in Utah can help you build a timeline that protects your work authorization throughout the process.

Some J-1 exchange visitors are subject to a two-year home country physical presence requirement and are not eligible for H-1B status until that requirement is either satisfied or waived. Check your visa stamp or DS-2019 form to see whether this requirement applies to you. If it does not apply, you may be eligible for H-1B status if you otherwise meet the standard requirements. Contact Buhler Thomas Law for a full assessment of your situation.

Under current regulations, H-4 dependent spouses of H-1B holders generally cannot work in the United States. There is a limited exception where the H-1B holder has an approved I-140 or has received an H-1B extension beyond the standard six-year limit, in which case the H-4 spouse may be eligible for work authorization. For the most current information on H-4 EAD availability, contact Buhler Thomas Law directly, our immigration attorney stays current on regulatory changes that could affect your family’s options.

A missed lottery selection is not the end of the road. STEM graduates on OPT may receive an 18-month extension, providing another opportunity to apply in the next cycle. Canadian and Mexican citizens may be eligible for TN status. Australian citizens may qualify for the E-3 visa. Citizens of Chile and Singapore may apply for the H-1B1. Individuals with extraordinary ability may be eligible for the O-1. Intracompany transfers may qualify for L-1 status. Treaty traders and investors may apply for E-1 or E-2 status. Buhler Thomas Law can evaluate your background and identify the strongest available path among all available work visa options in Salt Lake City and throughout Utah.

No. Depending on your background, nationality, and employer, you may be eligible for other non-immigrantcategories that permit U.S. employment, including TN (Canadian/Mexican citizens), E-3 (Australian citizens), H-1B1 (Chilean/Singaporean citizens), L-1A/L-1B (intracompany transfers), O-1 (extraordinary ability), and E-1/E-2 (treaty traders and investors). The experienced immigration attorneys at Buhler Thomas Law can review all available non-immigrant work visa options and employment visa options in Salt Lake City and Utah to determine the best fit for your circumstances.

Yes. The H-1B is a ‘dual-intent’ visa, meaning you can pursue permanent residence while in H-1B status without jeopardizing your non-immigrant standing. You may apply for a green card in Salt Lake City through employer sponsorship via the employment-based green card process, which typically begins with PERM labor certification and an I-140 petition, or through family sponsorship if you qualify. Buhler Thomas Law regularly guides H-1B holders through the full transition from temporary to permanent status.