Visa questions? We can help.

Dual intent means you can hold a temporary visa while also intending to apply for permanent residency (a green card).

The H-1B and L-1 visas are true dual intent visas. Most others, such as B-1/B-2, E-2, and F-1, do not permit dual intent, so pursuing a green card from those visas can create complications.

The O-1 is a special case: it is not a dual intent visa by law, but in practice, both USCIS and the Department of State usually treat it as if it were.

To qualify for an H-1B visa, you must have a job offer from a U.S. employer for a specialty occupation, meaning a role that requires highly specialized knowledge and at least a bachelor’s degree or higher in a directly related field.

If your degree is from outside the U.S., it must be evaluated for equivalency.

Additionally, the employer must comply with all Labor Condition Application (LCA) requirements, including paying at least the prevailing wage set by the U.S. Department of Labor (DOL) for that occupation and location.

Yes. The agency requires a legitimate employer-employee relationship, which typically involves the ability to “hire, pay, fire, supervise, or otherwise control the work” of the beneficiary.

This often requires a board of directors or independent investors with decision-making authority over the founder’s employment.

Since the number of H-1B applicants exceeds the available visas, the U.S. government conducts a random lottery each year.

There are 85,000 total H-1B visas, with 65,000 under the regular cap and an additional 20,000 reserved for individuals with a U.S. master’s degree or higher.

Employers must first submit an electronic registration in March during the lottery period. If selected and approved, the beneficiary can begin working on October 1, the start of the fiscal year.

However, some H-1B petitions are cap-exempt and can be filed at any time, bypassing the lottery. This applies to petitions filed by or on behalf of institutions of higher education, nonprofit research organizations, and government research institutions.

Additionally, H-1B extensions, transfers, and amendments for individuals already in H-1B status are not subject to the cap and can also be filed at any time.

The spouse of an H-1B visa holder can apply for an H-4 visa, but not all H-4 visa holders are eligible to work.

Only those whose H-1B spouse has an approved I-140 petition (a step in the Green Card process) can apply for Employment Authorization (EAD).

If approved, the H-4 spouse can work for any employer in the U.S. without restrictions.

Yes. Children with O-3 or H-4 visas may attend public schools without additional authorization.

No. O-1 visas can be renewed indefinitely in increments (usually 1–3 years), as long as you continue to meet the criteria.

Yes, premium processing is available when you change employers.

It allows USCIS to review the petition faster, helping you confirm your new work authorization more quickly so you can begin your new role without delays or uncertainty.

USCIS does not refund the H-1B premium processing fee if the petition is denied.

The fee is paid for expedited processing time, not for approval or a specific outcome.

No, premium processing does not change the legal standard applied to the case.

USCIS officers must use the same eligibility criteria for all H-1B petitions. However, in practice, premium processing cases may receive requests for additional evidence (RFEs) more frequently due to the shorter review timeframe.

No. The $2,805 premium processing fee is the same for all H-1B petitioners.

This includes both for-profit and non-profit organizations.

Yes, in certain cases.

• If the H-1B petition is filed online, the premium processing fee may also be paid electronically.
• If the petition is filed on paper, USCIS generally requires Form I-907 to be submitted in paper form with a physical payment.

Based on FY2026 data shared by USCIS, there is approximately a one in three chance of being selected in the H-1B lottery.

Out of 336,153 unique beneficiaries, 120,141 (35.7%) were selected to meet the annual H-1B quota of 85,000.

Legal guidance from experienced immigration attorneys helps ensure your registration and petition are strategic, compliant, and error-free.

Attorneys can also assist in responding to requests for evidence (RFEs), improving your overall chances of approval under the new wage-based lottery system.

Yes. Individuals with a master’s degree or higher from a U.S. institution of higher education receive two chances in the H-1B lottery.

They are first entered into the regular H-1B cap of 65,000 and, if not selected, entered again into the H-1B master’s cap of 20,000.

No. The H-1B lottery is not a first-come, first-served process.

Selections are made randomly after the registration window closes.

There is no separate lottery process for F-1 students.

They enter the same capped H-1B lottery as other applicants.

If an F-1 student holds a U.S. master’s degree or higher, they benefit from two chances: one under the regular cap and another under the master’s cap.

No. Unlike the H-1B, where an approved I-140 enables three-year extensions beyond the six-year cap under AC21, there is no equivalent provision for the L-1A.

The seven-year maximum is a hard limit.

An I-140's value for L-1A holders is that it establishes your priority date and enables you to file I-485 when that date becomes current.

Each L-1A extension can be granted for up to two years at a time.

The total time you can spend in L-1A status is seven years, including your initial period and all extensions combined.

Time previously spent in H-1B status also counts against this seven-year cap.

Yes, but there are constraints.

You must make the switch before reaching the sixth year of combined H/L time, the H-1B lottery may apply, and there's no special conversion process for L-1A holders.

The advantage of switching is that H-1B holders with an approved I-140 can get three-year extensions beyond the normal six-year H-1B cap, a benefit that isn't available on the L-1A.

Technically, yes. There's no legal prohibition against holding two full-time H-1B positions.

However, USCIS may question whether you can realistically work 80 hours per week for two different employers.

The agency could deny a petition if the arrangement seems implausible.

Under H-1B portability rules, you can begin working as soon as the second employer files a proper petition with USCIS.

However, if USCIS ultimately denies that petition, USCIS would consider your work for that employer unauthorized retroactively.

Some workers prefer to wait for approval to avoid this risk.

Yes. Each employer must pay the filing fees for their own H-1B petition, including the base fee and any applicable fraud prevention or American Competitiveness and Workforce Improvement Act (ACWIA) fees.

If the employer wants expedited processing, they also pay the premium processing fee.

Working for multiple employers doesn't prevent you from pursuing permanent residence.

You must demonstrate that you maintained lawful status throughout your time in the U.S.

Keep pay stubs, approval notices, and other documentation from all employers to support your adjustment of status application.

Yes. If your first job is with a cap-exempt nonprofit and you want to add a concurrent role at a for-profit company, you can do so even if the annual H-1B cap has been reached.

Just remember that your eligibility for the cap-subject position depends on maintaining your cap-exempt employment.

Yes, if you meet the L-1A visa requirements.

You'll need to have worked for a qualifying multinational organization for at least one continuous year in the past three years, and the U.S. role must be managerial or executive.

Keep in mind that time spent in H status counts toward your L-1A maximum stay of seven years, so the sooner you switch, the more time you'll have.

It does.

The H-1B lottery selection rate has been roughly 25 to 30 percent in recent registration periods, meaning most candidates are not selected.

If your beneficiary is not picked, the employer cannot file the H-1B petition for that fiscal year.

This unpredictability is one reason many multinational employers prefer the L-1A for qualifying employees, since it has no cap and no lottery.

The L-1A generally leads to a faster green card through the EB-1C category, which does not require PERM labor certification.

H-1B holders typically go through EB-2 or EB-3, which require PERM and often involve longer processing times.

However, visa bulletin backlogs still apply to both categories depending on the beneficiary's country of birth.

Yes. Time spent in H and L nonimmigrant visa status counts toward the maximum stay for both categories.

If you've used four years on an H-1B and switch to an L-1A, you'll have three years remaining on the L-1A's seven-year maximum, not a fresh seven years.

This combined-time rule makes early green card planning essential for any foreign national on either visa.

Your spouse must first be in valid dependent status (H-4, L-2, or E-2) or apply for that status concurrently.

For L-2 and E-2 spouses, work authorization begins upon entry when you receive an I-94 with the "S" designation.

H-4 spouses need to file Form I-765 after arriving and being admitted in H-4 status, though concurrent filing with a change of status application is also possible.

No. Premium processing (Form I-907) is not available for any spouse-based EAD application.

This applies to H-4, L-2, and E-2 filings alike.

There is currently no way to expedite the processing time for a dependent spouse EAD through the standard premium processing service.

As of October 30, 2025, USCIS ended automatic EAD extensions for renewal applications.

This means if your current EAD expires before your renewal is approved, you will not have valid work authorization during the gap.

You must stop working until the new EAD is issued.

Filing your renewal application well in advance is critical to minimizing any disruption.

No. You cannot begin working until you physically receive the EAD card (Form I-766) from USCIS.

Filing the application or receiving a receipt notice does not authorize employment.

Given that processing time runs 3 to 6 months, plan your job search timeline accordingly.

It depends on the I-140 status. If the H-1B holder's I-140 was approved and remains valid (not revoked or withdrawn), the H4 EAD typically stays valid even after a job change.

However, if the new employer files a new I-140 and the old one is withdrawn, you could lose eligibility.

Consult an immigration attorney to evaluate your specific situation.

No. You must be physically present in the United States when you file Form I-765.

If you're abroad, you'll need to first enter the U.S. on a valid visa for H-1B spouse status and obtain or apply for H-4 dependent status before submitting the EAD application.

Premium processing is not available for H4 EAD applications.

In rare cases, USCIS may grant an expedite request based on severe financial loss, humanitarian reasons, or other qualifying criteria, but approvals are uncommon.

The standard processing time of 3 to 6 months applies to most applicants.

No. Form G-28 has no filing fee.

USCIS accepts it at no cost.

Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.

Form G-28 is used for immigration matters before USCIS within the United States.

Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.

If your case is handled domestically by USCIS, your attorney will use the standard G-28.

Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.

Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.

The form applies only to the specific case it is filed with and does not carry over to other matters.

Yes. You are always allowed to represent yourself before USCIS.

Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.

If you choose to handle your own visa process, USCIS will communicate directly with you.

However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.

No. Form I-129 must be filed by the U.S. employer acting as the petitioner.

The foreign national beneficiary cannot self-petition.

The employer is responsible for completing the form, paying the filing fees, and providing supporting documentation to USCIS.

Standard processing time for I-129 petitions is typically between 2 and 8 months, depending on the service center and visa category.

With premium processing (Form I-907), USCIS guarantees a response within 15 business days.

Processing times can change, so it is recommended to check the USCIS processing times page for current estimates.

When USCIS approves an I-129 petition, they issue Form I-797, Notice of Action.

This approval notice serves as official evidence of the approved I-129 status.

The beneficiary may use it for visa stamping at a U.S. consulate or to document their authorized stay if already in the United States.

The total cost of a visa application depends on the visa type, employer size, and whether you use premium processing.

For an H-1B petition, a standard employer can expect to pay $3,380 to $7,380 in government fees alone.

Adding premium processing ($2,965) and attorney fees ($2,000 to $5,000) brings the total to roughly $5,380 to $15,345.

Other visa types like the O-1A or EB-1A have different fee structures and typically higher attorney costs.

No. USCIS does not refund filing fees if your petition is denied, withdrawn, or revoked.

This means a denial can be especially costly since you will need to pay the full set of government fees again if you choose to refile.

The only exception is premium processing: if USCIS does not meet the 15 business day deadline, you can request a refund of the I-907 fee.

For most employer-sponsored visas like the H-1B, the employer is legally required to pay certain fees, including the I-129 base filing fee, the ACWIA Training Fee, and the Fraud Prevention and Detection Fee.

The employer cannot pass these costs to the employee.

Premium processing fees can sometimes be paid by either party, depending on who benefits from faster processing.

Consular fees and travel costs are typically the employee’s responsibility.

The O-1 visa has one of the lowest government fee totals at $1,655 for a standard employer, since it does not require the ACWIA Training Fee or the Fraud Prevention and Detection Fee.

However, O-1A cases often require extensive evidence preparation, which drives attorney fees higher.

The cheapest overall cost depends on both the filing fees and the complexity of your particular case.