H-1B Visa Attorneys
H-1B Petitions, Transfers, and RFEs — Handled Like the Big Firms Do It, Priced Like They Don't.
Whether you're an employer sponsoring talent or a professional protecting your status, H-1B outcomes ride on specialty-occupation strategy, clean filings, and deadlines met. Faragalla Law handles the full lifecycle — and tells you honestly when O-1 or NIW is the better play.
- Employers: registrations, petitions, LCAs, compliance
- Workers: transfers, extensions, 60-day-grace strategy, RFEs
- Lost the lottery? We map the real alternatives
or call (866) 655-3729
Request Your H-1B Case Review
Tell us your side of the petition — employer or worker — and the timeline. We'll reply with a concrete plan.
What decides these cases
H-1B cases turn on details that look like formalities — until they deny the petition
"Specialty occupation" is argued, not assumed
USCIS scrutinizes whether the role truly requires a specific degree — generic titles, mismatched duties, and third-party placement setups draw RFEs and denials. The petition must connect degree, duties, and wage level into one coherent argument before an officer ever asks.
The clock rules everything
March registration windows, six-year maximum stays, 60-day grace periods after layoffs, 240-day work authorization on timely extensions — H-1B is a lattice of deadlines where a missed date converts a routine filing into an emergency or a departure.
The lottery is a coin flip — your career isn't
With selection odds hovering around one in four, a plan that consists of 'hope we get picked' is not a plan. Cap-exempt employers, O-1 for strong profiles, day-1 CPT risks, TN for Canadians and Mexicans, and green card self-petitions (NIW) are the real alternatives — each fits a different profile.
Qualify yourself in 30 seconds
Who this service fits
This service is likely a fit if…
- Employers — from startups sponsoring their first hire to companies running annual lottery cohorts
- Professionals transferring employers who can't afford a status gap
- Workers facing an RFE, a denial, or a layoff inside the 60-day grace window
- Graduates on OPT/STEM OPT building a multi-year status plan
- Strong profiles that keep losing the lottery and want the honest alternative map
It's probably not the right fit if…
- You want a petition without a real job offer behind it — no
- Your timeline can't survive the next lottery and you don't qualify for alternatives — we'll say so plainly rather than sell false hope
- You're a Canadian professional in a USMCA occupation — TN is usually faster and cheaper; see our TN service
Why Faragalla Law
Counsel that pressure-tests your case before the government does
Corporate-grade filings without corporate overhead
Founding attorney Sam Faragalla trained at Fragomen, one of the world's largest corporate immigration firms — the shop standard for H-1B work — and applies that playbook for startups, small employers, and individual professionals.
Both sides of the table
We represent employers and workers, so petitions anticipate what each side's risks look like: compliance and audit exposure for the company, status continuity and green card runway for the professional.
Alternatives on the menu, honestly priced
If your profile is stronger than your lottery luck, we'll tell you — O-1, NIW, cap-exempt routes, or TN — with the trade-offs and fees side by side.
Flat-fee clarity
Registrations, petitions, transfers, and RFE responses each carry a flat fee, quoted before work begins.
How it works
A defined process — you always know the next step
Case review
Submit the form. We review the role, degree, status history, and deadlines, then reply within one business day with consultation options — deadline cases first.
Strategy consultation
We confirm specialty-occupation strength, wage level, and timing — or map alternatives if the H-1B path is weak — and set the filing calendar.
Petition build and filing
We prepare the LCA, support letter, and evidence to pre-empt the common RFE grounds, and file with premium processing when speed matters.
Through approval and beyond
We answer any RFE, manage extensions and amendments as roles change, and plan the green card process early enough to beat the six-year ceiling.
Costs, addressed head-on
What does H-1B work cost?
Legal fees are flat per filing — a lottery registration costs little, a full petition more, an RFE response depends on what the RFE demands. Government fees vary sharply by employer size and include registration, filing, fraud-prevention, and optional premium processing. We produce a single itemized budget at the consultation; employers should note which fees the law requires the employer to bear.
Client reviews
What clients say
[PASTE VERBATIM GOOGLE REVIEW — pick one about this visa type. See README launch checklist.]
[PASTE VERBATIM GOOGLE REVIEW — second review for this practice area.]
Reviews shown are from the firm's public Google Business Profile, reproduced verbatim with permission. Individual results vary; prior results do not guarantee a similar outcome.
(assets/img/sam-faragalla.jpg — see README launch checklist; use a real photograph)
Your attorney
Sam Faragalla
Founder & Lead Immigration Attorney
Sam Faragalla trained at Fragomen, one of the world's largest corporate immigration firms, before founding Faragalla Law. The firm represents entrepreneurs, investors, professionals, and families in U.S. immigration matters nationwide.
Licensed to practice law in New York. Immigration is federal law, which allows the firm to represent clients in all 50 states and abroad.
Common questions
Questions we answer every week
How does the H-1B lottery actually work?
Employers register each candidate in early March for a small fee; USCIS randomly selects from registrations to fill the 65,000 cap plus 20,000 U.S.-master's slots; selected candidates then have a 90-day window to file full petitions for an October 1 start. Recent selection odds have run roughly 25–35%. Universities, their affiliated nonprofits, and certain research organizations are cap-exempt and can file year-round.
What are my options if I'm not selected in the lottery?
The real menu: remain on OPT/STEM OPT and re-enter next year's lottery; move to a cap-exempt employer; qualify for O-1 if your achievements support it; TN for Canadian and Mexican citizens in USMCA occupations; L-1 if your employer has foreign offices; or pursue an EB-2 NIW green card in parallel. Which ones are real for you depends on profile — that's the review.
Can I change employers on an H-1B?
Yes — H-1B portability lets you start with the new employer as soon as their transfer petition is properly filed, without waiting for approval. The risk sits in the details: maintaining status up to filing, matching the new role to specialty-occupation standards, and travel timing while the transfer is pending. File before you resign, not after.
I was laid off. How long do I have?
Generally up to 60 days (or until your I-94 expires, whichever is sooner) to have a new employer file for you, change status, or depart. The window is survivable but unforgiving — a transfer, a change to B-2 to buy time, or a dependent-status move each has different filing requirements. Start counting from your last day of employment and get advice in week one, not week seven.
How long can I stay on H-1B, and what about a green card?
Six years, in three-year grants — but time spent abroad can be recaptured, and the limit extends past six years once your green card process (PERM or an I-140) reaches the right milestones. The practical rule: start the green card conversation by year two or three. For strong profiles, an NIW self-petition can run alongside employer sponsorship as insurance.
What does an RFE mean — is my case dead?
No. A Request for Evidence means the officer wants more proof on specific points — most often specialty occupation, the employer-employee relationship, or wage-level fit. Well-built responses succeed regularly, but the response is a one-shot brief with a hard deadline: treat it as the merits hearing of your case, because it is.
Ready when you are
Get your H-1B plan on a real calendar
One form. One business day. Deadlines mapped, risks flagged, alternatives priced.
Request Your H-1B Case Review
Tell us your side of the petition — employer or worker — and the timeline. We'll reply with a concrete plan.
Prefer to talk? Call (866) 655-3729 — tell us you're calling about the H-1B (employers + workers) page.