Helping employers and professionals in Albany and the Capital District of New York navigate every stage of the H-1B visa process — from cap registration and lottery strategy through petition filing, RFE responses, transfers, amendments, and extensions. We build well-documented cases designed for approval.
The H-1B visa is the primary nonimmigrant work visa for foreign professionals in specialty occupations — positions that require at least a bachelor's degree or its equivalent in a specific field of study. At Mandi Law Group in Albany, our immigration attorneys represent employers and professionals throughout the Capital District and greater New York in all aspects of the H-1B visa process, from initial cap registration through petition filing, compliance management, and strategic planning for the transition to permanent residence.
Congress has set the annual H-1B cap at 65,000 visas for workers with a bachelor's degree, plus an additional 20,000 visas reserved for beneficiaries who hold a master's degree or higher from a U.S. institution of higher education. Because demand for H-1B visas far exceeds the available supply each year, USCIS conducts a random selection lottery during the March registration period to determine which petitions may proceed. Certain employers — including institutions of higher education, nonprofit research organizations, and governmental research organizations — are exempt from the annual cap and may file H-1B petitions at any time.
Before filing an H-1B petition, the employer must obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor. The LCA requires the employer to attest that it will pay the H-1B worker the higher of the actual wage or the prevailing wage for the occupation in the area of employment, and that hiring the H-1B worker will not adversely affect the working conditions of similarly employed U.S. workers. Prevailing wage compliance is a critical component of the H-1B program, and violations can result in back wage liability, fines, and debarment.
Our attorneys handle every aspect of H-1B representation — cap registration and lottery strategy, LCA preparation and filing, specialty occupation analysis, petition preparation, Request for Evidence responses, H-1B transfers under the AC21 portability rule, amendments for material changes in employment, extensions, and planning for the path from H-1B status to permanent residence. We represent employers ranging from startups and small businesses to established companies and cap-exempt institutions throughout the Albany and Capital District region.
The H-1B electronic registration period typically opens in early March each year. Employers must plan well in advance — gathering beneficiary credentials, preparing position documentation, and completing registrations before the window closes. Contact our office early to ensure your registration is ready.
(518) 698-0347Our H-1B visa practice covers every stage of the process — from initial cap registration through petition filing, transfers, amendments, and extensions. Each case is handled with meticulous attention to detail and strategic planning.
The H-1B cap season begins each March with an electronic registration period during which employers submit registrations on behalf of prospective H-1B workers. USCIS then conducts a random lottery to select enough registrations to meet the annual cap. If selected, the employer has a designated filing window to submit the full H-1B petition. Our attorneys manage the entire registration process, advise on premium processing options, and develop strategies for cap-exempt employers — including institutions of higher education, nonprofit research organizations, and governmental research organizations — that are not subject to the annual cap and may file H-1B petitions at any time throughout the year.
Before filing an H-1B petition, the employer must obtain a certified Labor Condition Application from the U.S. Department of Labor. The LCA requires the employer to attest that it will pay the H-1B worker the higher of the actual wage paid to similarly employed workers or the prevailing wage for the occupation in the area of intended employment. The employer must also attest that hiring the H-1B worker will not adversely affect the working conditions of similarly employed U.S. workers, that there is no strike or lockout at the place of employment, and that notice of the LCA has been provided to workers. Our attorneys ensure full compliance with LCA requirements, including proper wage determination, posting requirements, and maintenance of the required public access file.
Under the H-1B portability rule established by the American Competitiveness in the Twenty-First Century Act (AC21), an H-1B worker may begin employment with a new employer as soon as the new employer files a non-frivolous H-1B petition on the worker's behalf, without waiting for approval. This portability provision allows H-1B workers to change employers with minimal disruption. Additionally, when there is a material change in the terms or conditions of employment — such as a change in job duties, a new worksite location, a significant change in salary, or a corporate restructuring — the employer must file an amended H-1B petition. Our attorneys handle H-1B transfers and amendments efficiently, ensuring compliance with all regulatory requirements while minimizing gaps in employment authorization.
H-1B status is initially granted in three-year increments, with a maximum period of six years. However, under the American Competitiveness in the Twenty-First Century Act (AC21), H-1B workers who are the beneficiaries of an approved I-140 immigrant petition or who have had a PERM labor certification pending for 365 days or more may extend their H-1B status beyond the six-year maximum in one-year or three-year increments. Additionally, H-1B workers who have spent time outside the United States during their H-1B validity period may be eligible to recapture that time abroad, effectively extending the total time available in H-1B status. Our attorneys analyze each client's situation to determine the maximum available H-1B time and advise on the most strategic path toward permanent residence.
Understanding the H-1B process helps employers and professionals plan effectively and avoid costly missteps. Here is what to expect at each stage of your case.
We begin with a thorough evaluation of the position, the beneficiary's qualifications, and the employer's eligibility. For cap-subject petitions, we manage the electronic registration during the March registration period and advise on strategies to maximize the chances of selection. For cap-exempt employers, we determine the appropriate filing timeline.
Upon selection or for cap-exempt cases, our attorneys prepare and file the complete H-1B petition package, including the certified Labor Condition Application, Form I-129, and all supporting documentation establishing that the position qualifies as a specialty occupation and that the beneficiary meets the educational and experience requirements.
If USCIS issues a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), our attorneys prepare comprehensive, well-documented responses addressing each issue raised by the adjudicator. We draw on current case law, agency guidance, and detailed evidence to overcome any concerns and secure approval of the petition.
After approval, we advise employers and H-1B workers on ongoing compliance obligations, including timely extensions, amendments for material changes, LCA posting and public access file requirements, and strategic planning for the transition from H-1B status to permanent residence through the PERM and immigrant visa petition process.
Strategic H-1B Visa Representation
Dedicated advocacy for employers and professionals in the Capital District
The H-1B process involves strict deadlines, detailed documentation requirements, and evolving adjudication standards. Understanding these considerations from the outset helps protect your case and your ability to employ or work in the United States.
The H-1B cap registration period typically opens in early March and lasts approximately two to three weeks. Employers must complete the registration within this narrow window or the prospective H-1B worker will be unable to obtain cap-subject H-1B status until the following fiscal year. Planning should begin months in advance — identifying eligible positions, gathering beneficiary credentials, and preparing the registration well before the window opens. Our attorneys work with employers throughout the Capital District to ensure registrations are timely and complete.
USCIS applies a rigorous standard when evaluating whether a position qualifies as a specialty occupation. The position must require at least a bachelor's degree or its equivalent in a specific specialty as a minimum requirement for entry into the occupation. The petition must demonstrate that the degree requirement is common in the industry, that the position is so complex or specialized that only a person with the required degree can perform the duties, or that the employer has always required a degree for the position. Detailed job descriptions, organizational charts, expert opinion letters, and industry evidence strengthen the petition.
Employers must pay H-1B workers the higher of the actual wage or the prevailing wage for the occupation in the area of employment. The prevailing wage is determined by the Department of Labor based on the occupation, skill level, and geographic area. Underpaying an H-1B worker — even unintentionally — can result in back wage liability, fines, debarment from the H-1B program, and other serious consequences. Our attorneys ensure that wage levels are properly determined and that employers maintain full compliance with all wage obligations throughout the period of employment.
USCIS adjudication patterns and Request for Evidence trends shift over time, often in response to new policy guidance, court decisions, or administrative priorities. Certain occupations, industries, and petition types are more likely to receive RFEs than others. Staying current with these trends and proactively addressing common RFE issues in the initial filing can significantly reduce processing delays and improve approval rates. Our attorneys monitor USCIS adjudication trends and incorporate this intelligence into every H-1B petition we prepare.
Answers to some of the most frequently asked questions about H-1B visas. Every situation is unique — consult with our attorneys for guidance specific to your case.
The H-1B visa is a nonimmigrant work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupation positions. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent in a specific field. Common H-1B occupations include engineers, software developers, accountants, architects, physicians, scientists, and other professionals. The beneficiary must hold at least a bachelor's degree or its equivalent in a field directly related to the specialty occupation.
Congress has set the annual H-1B cap at 65,000 visas for workers with a bachelor's degree, plus an additional 20,000 visas for workers who hold a master's degree or higher from a U.S. institution of higher education. Because demand consistently exceeds supply, USCIS conducts a random lottery to select which registrations will be allowed to proceed to a full petition filing. Employers must submit an electronic registration during the designated March registration period. Selected registrants are then notified and given a filing window to submit the complete H-1B petition. Cap-exempt employers are not subject to this lottery.
Certain employers are exempt from the annual H-1B cap, meaning they can file H-1B petitions at any time without going through the lottery process. Cap-exempt employers include institutions of higher education, nonprofit entities related to or affiliated with institutions of higher education, nonprofit research organizations, and governmental research organizations. Additionally, H-1B workers who have previously been counted against the cap and are changing employers, extending their status, or amending their petition are generally not subject to the cap again.
Yes. Under the H-1B portability rule established by the American Competitiveness in the Twenty-First Century Act (AC21), an H-1B worker may begin employment with a new employer as soon as the new employer files a non-frivolous H-1B transfer petition on the worker's behalf. The worker does not need to wait for the transfer petition to be approved before starting the new position. However, the worker must have been in lawful H-1B status at the time the transfer petition was filed and must not have engaged in unauthorized employment. Our attorneys facilitate smooth H-1B transfers for employers and workers throughout the Capital District.
A Request for Evidence is a written request from USCIS asking the petitioner to submit additional documentation or information to support the H-1B petition. Common RFE topics include whether the position qualifies as a specialty occupation, whether the beneficiary's degree is in a directly related field, whether the offered wage meets prevailing wage requirements, and the employer-employee relationship. Receiving an RFE does not mean the petition will be denied — it means USCIS needs more information to make a decision. Our attorneys prepare thorough, well-documented RFE responses that address each issue raised and provide the strongest possible case for approval.
Under the standard rules, H-1B status is limited to a maximum of six years. However, the American Competitiveness in the Twenty-First Century Act (AC21) provides two important exceptions. First, if a PERM labor certification or I-140 immigrant petition has been pending for 365 days or more, the H-1B worker may extend status in one-year increments beyond the six-year limit. Second, if the worker has an approved I-140 petition but cannot obtain an immigrant visa due to per-country visa backlogs, the worker may extend H-1B status in three-year increments. These provisions allow workers who are in the green card process to maintain their H-1B status while waiting for permanent residence.
The prevailing wage is the average wage paid to workers in the same occupation and geographic area of employment. It is determined by the Department of Labor based on the occupation (classified by SOC code), the skill level required (ranging from Level 1 for entry-level positions to Level 4 for fully competent, expert positions), and the metropolitan statistical area where the work will be performed. Employers must pay H-1B workers the higher of the prevailing wage or the actual wage paid to similarly employed workers at the company. The prevailing wage determination is a critical component of the Labor Condition Application and the overall H-1B petition.
Processing times vary depending on the service center adjudicating the petition and current USCIS workload. Standard processing can take anywhere from three to eight months or longer. Employers may elect premium processing by filing Form I-907 and paying an additional fee, which requires USCIS to issue an initial decision — approval, denial, RFE, or NOID — within 15 business days. For cap-subject petitions, the timeline begins with the March registration period, with selected petitions typically filed between April and June for an October 1 start date. Our attorneys advise on the most appropriate processing strategy based on each case's specific timing requirements.
Our business immigration practice covers the full spectrum of employer-sponsored visa and immigration pathways.
Our attorneys provide comprehensive legal services across multiple practice areas.
Helping families stay together through marriage-based green cards, fiance visas, family reunification petitions, and relative sponsorship applications.
Strategic visa solutions for employers and professionals, including H-1B specialty workers, L-1 transfers, EB-5 investors, and PERM labor certification.
Guiding lawful permanent residents through the naturalization process, from application preparation and test readiness to interview coaching and document review.
Aggressive defense for individuals facing removal proceedings, including asylum claims, cancellation of removal, and appeals before immigration courts.
Compassionate representation for individuals seeking protection from persecution, including asylum applications, refugee processing, and CAT protection claims.
Comprehensive immigration compliance solutions for businesses, including I-9 audits, global mobility programs, and immigration policy development.
Experienced advocacy for individuals seeking waivers of inadmissibility, including I-601 hardship waivers, I-601A provisional waivers, and fraud waivers.
Dedicated legal support for crime victims seeking U-visa immigration relief, including certification assistance, application filing, and family derivative petitions.
Skilled appellate representation before the BIA and federal courts, including motions to reopen, motions to reconsider, and appeals of adverse immigration decisions.
Whether you are an employer seeking to sponsor a specialty occupation worker, a professional exploring H-1B options, or need help with a transfer, amendment, or extension, our experienced immigration attorneys are here to guide you through every step. Every consultation is confidential and without obligation.