H-1B Visa Lawyer in Chicago
The H-1B visa is the primary work visa for foreign professionals in specialty occupations in the United States. At Liberum Law, our H-1B visa attorneys in Chicago represent both employers and employees throughout the H-1B process — from initial lottery registration to petition filing, extensions, transfers, and green card planning.
H-1B eligibility requires a specialty occupation that normally requires at least a bachelor’s degree or equivalent in a specific field, the beneficiary must hold a qualifying degree or equivalent work experience, the employer must pay the prevailing wage for the position and location, and a valid employer-employee relationship must exist.
The H-1B process involves several stages: the Labor Condition Application (LCA) filed with the Department of Labor, electronic registration during the annual lottery period, petition filing with USCIS if selected in the lottery, and consular processing or change of status within the U.S. Our attorneys manage each stage meticulously to avoid delays and denials.
We also handle H-1B cap-exempt petitions for employers that are institutions of higher education, nonprofit research organizations, or governmental research organizations. Cap-exempt petitions can be filed at any time without going through the lottery.
Beyond initial H-1B filing, we assist with H-1B extensions allowing workers to continue employment beyond the initial three-year period, H-1B transfers enabling employees to change employers while maintaining H-1B status, H-1B amendments when there are material changes to the terms and conditions of employment, and H-1B to green card transition planning to establish a long-term immigration path.
Contact our H-1B visa attorneys at Liberum Law for a free consultation about your specialty occupation visa needs.
Frequently Asked Questions
Who qualifies for an H-1B visa?
H-1B requires a job offer from a U.S. employer in a "specialty occupation" — a role that normally requires at least a bachelor's degree in a specific field. The beneficiary must hold that degree (or an equivalent combination of education and experience). Common qualifying roles include software engineers, financial analysts, architects, scientists, accountants, and physicians.
How does the H-1B lottery work?
USCIS holds an annual registration period in March. Employers register beneficiaries; if registrations exceed the 65,000 regular cap (plus 20,000 master's-cap), USCIS conducts a random selection lottery. Only selected registrations may file full H-1B petitions, which must be submitted by June 30 for an October 1 start date. Cap-exempt employers (universities, nonprofit research) can file anytime.
How long does H-1B processing take?
Standard processing is currently 2–6 months. Premium processing is available for an additional USCIS fee (currently $2,805) and guarantees a decision within 15 business days. Once approved, the H-1B is valid for up to 3 years initially, renewable for a total of 6 years (longer if a green card process is underway).
Can I change employers on H-1B?
Yes — through "H-1B portability." The new employer files a transfer petition, and you can begin work as soon as USCIS receives it (you don't need approval to start). The new petition does not require lottery selection if you've already had H-1B status. Liberum Law handles H-1B transfers regularly.
Can my spouse work on H-4?
H-4 spouses can apply for an Employment Authorization Document (EAD) only if the H-1B worker has an approved I-140 immigrant petition or is benefiting from AC21 extensions beyond the 6-year limit. Otherwise, H-4 status does not include work authorization. H-4 children can attend U.S. schools through any level.
What is premium processing?
Premium processing is a USCIS service that guarantees adjudication of an H-1B petition within 15 business days for an additional fee. It does not improve approval chances — it only accelerates the decision. Useful when you need a fast start date or want to know the outcome quickly.
