Expert H-1B visa attorneys for Brooklyn's tech, healthcare, finance, and engineering professionals. Cap-subject lottery petitions, cap-exempt filings at Brooklyn universities and hospitals, H-1B extensions, transfers, and green card pathways.
From SUNY Downstate healthcare workers to LIU Brooklyn researchers to Brooklyn tech professionals — we handle every H-1B scenario.
Brooklyn is home to a rapidly growing professional class, including thousands of tech professionals in the Brooklyn Tech Triangle (DUMBO, Downtown Brooklyn, and the Navy Yard), healthcare professionals at major Brooklyn medical centers, finance and accounting professionals, and researchers and educators at Brooklyn's universities. Many of these professionals are international workers who depend on H-1B visa sponsorship for their ability to work and remain in the United States.
The H-1B process is complex and time-sensitive. The annual cap-subject lottery requires careful preparation and timely registration. Cap-exempt opportunities at Brooklyn universities and hospitals provide an alternative pathway that bypasses the lottery. And H-1B holders must maintain strict compliance — timely extensions, amendments when circumstances change, and careful planning for the green card transition.
Mandi Law Group advises Brooklyn H-1B holders and their employers on every aspect of the H-1B process, from initial lottery strategy through the employment-based green card. We serve individual professionals and Brooklyn employers of all sizes.
Annual H-1B cap-subject lottery petitions for Brooklyn employers sponsoring specialty occupation professionals. The H-1B cap is 65,000 per year (plus 20,000 for U.S. master's degree holders). Registration for the lottery occurs in March; selected petitions are filed April 1 for an October 1 start. We advise Brooklyn employers on specialty occupation documentation, degree equivalency evidence, and Labor Condition Applications (LCA) filed with the Department of Labor before H-1B petition submission.
Cap-exempt H-1B petitions can be filed at any time of year for positions at qualifying institutions — universities, affiliated nonprofits, and government research organizations. Brooklyn cap-exempt employers include: Long Island University (LIU Brooklyn), SUNY Downstate Health Sciences University, Medgar Evers College, Brooklyn College CUNY, New York Methodist Hospital, Maimonides Medical Center, and other nonprofit hospitals and research institutions. Cap-exempt H-1B is a significant advantage for Brooklyn healthcare and education professionals.
H-1B is initially granted for 3 years, extendable to 6 years total in standard cases. H-1B holders with an approved I-140 petition can extend beyond 6 years in 1-year increments (if the priority date is not current) or 3-year increments (if the priority date is current). H-1B amendments are required when a material change occurs — new work location, significant change in duties, or change in employer structure. We file H-1B amendments and extensions for Brooklyn H-1B holders and their employers promptly to avoid gaps in status.
H-1B transfer (change of employer) for Brooklyn professionals moving to a new job. H-1B portability allows an H-1B holder to start working for a new employer as soon as the transfer petition is filed (not just approved), as long as the new employer files a non-frivolous H-1B petition before the current H-1B expires. New LCA required for new employer and work location. We handle H-1B transfers for Brooklyn professionals changing employers in New York City and surrounding areas.
Most H-1B holders in Brooklyn ultimately pursue an employment-based green card. Options include: EB-1A extraordinary ability (no employer required, no PERM, no backlog for most nationalities), EB-2 NIW national interest waiver (no employer required, no PERM), and EB-3 PERM labor certification (employer-sponsored, requires PERM process). Indian-born H-1B holders in Brooklyn face extreme EB-2 and EB-3 backlogs — we advise on EB-1A and EB-2 NIW as backlog bypass strategies. Chinese-born H-1B holders have shorter but still significant backlogs.
When H-1B is not available or the lottery is lost, we advise Brooklyn professionals on alternatives. O-1A (extraordinary ability in sciences, education, business, athletics) bypasses the H-1B cap entirely. L-1A/L-1B (intracompany transfer) for Brooklyn professionals with qualifying multinational employers. TN visa for Canadian and Mexican professionals in qualifying occupations (engineers, scientists, accountants, lawyers). E-2 treaty investor visa for nationals of treaty countries investing in Brooklyn businesses.
The H-1B cap-subject lottery is highly competitive. In recent years, USCIS has received 400,000–750,000 electronic registrations for 85,000 cap slots. The overall selection rate has been approximately 15–25%, though it varies by year. Registration opens in March (typically March 1-18) and USCIS conducts the lottery in late March. Selected registrants receive notification in late March or April, and petitions can be filed April 1. The fiscal year begins October 1 — so a professional selected in March 2026 can start working as early as October 1, 2026. Brooklyn professionals with U.S. master's degrees are entered in both the regular cap lottery and the advanced degree lottery, effectively getting two chances at selection.
Cap-exempt H-1B employers can file H-1B petitions at any time of year, bypassing the annual lottery. In Brooklyn, qualifying cap-exempt institutions include: (1) Universities and colleges: Long Island University Brooklyn, SUNY Downstate Health Sciences University, Medgar Evers College, Brooklyn College CUNY; (2) Nonprofit entities related to universities: affiliated research foundations and teaching hospitals; (3) Nonprofit research organizations; (4) Government research organizations. Private hospitals are NOT automatically cap-exempt — they must be affiliated with a university or be a nonprofit research institution. Brooklyn tech companies, banks, and law firms are cap-subject. If you are considering a position at a Brooklyn institution and want to know if it qualifies as cap-exempt, consult with our attorneys before accepting the offer.
An H-1B petition requires showing the position qualifies as a 'specialty occupation' — one that normally requires a bachelor's degree or higher in a specific specialty as a minimum requirement for entry into the occupation. USCIS scrutinizes this standard carefully, particularly for positions in marketing, HR, accounting, business administration, and certain IT roles. To establish specialty occupation, we use multiple evidence types: the employer's job description, Occupational Outlook Handbook data showing degree requirements for the occupation, evidence of industry-wide practice, the employer's prior hiring practices, and any professional licensing requirements. Borderline cases require careful legal argument and strong evidence. We evaluate each Brooklyn employer's position before filing to assess specialty occupation risk.
When a Brooklyn H-1B holder changes jobs, the new employer must file an H-1B transfer petition (Form I-129) with a new Labor Condition Application (LCA) covering the new work location. Crucially, H-1B portability allows the worker to start the new job as soon as the transfer petition is filed — not when it is approved. This requires: (1) the current H-1B status is not expired; (2) the new employer files a non-frivolous I-129 petition; and (3) the employee is maintaining valid H-1B status. We advise Brooklyn professionals to give adequate notice to their current employer, coordinate start date carefully with the petition filing date, and maintain copies of all H-1B documentation for the portability record.
An H-1B denial is not necessarily the end. Options after denial include: (1) Motion to Reconsider (MTR) — arguing the denial was based on a legal error, filed with the same USCIS service center; (2) Motion to Reopen (MTR) — presenting new evidence not available at the time of the original decision; (3) Appeal to the Administrative Appeals Office (AAO); (4) Refiling with stronger evidence or a corrected petition for the next fiscal year cap; (5) Pursuing alternative visas (O-1, L-1, TN, E-2) that may fit the professional's profile. The best strategy depends on the reason for denial — improper specialty occupation finding, insufficient degree equivalency, LCA issues, or other grounds each require different approaches. We advise Brooklyn H-1B clients on all post-denial options.
Expert H-1B attorneys for Brooklyn's tech, healthcare, finance, and engineering professionals. From lottery to green card — we handle it all. Free consultation.