H-1B Visa Attorneys in Philadelphia, PA

Henry & Grogan represents employers and foreign national professionals in Philadelphia and nearby areas who are seeking H-1B visas. Our employment-based immigration attorneys can handle the petition process from start to finish, completing and filing all forms, tracking petition status, responding to Requests for Evidence (RFEs), and filing for extensions or adjustment of status. We offer affordable, flat-rate services, so our clients know exactly what to expect before they begin.  

Learn more about how we can help you in a free consultation. Schedule yours by calling (215) 568-1500 or contacting us online. 

The H-1B Visa Process

One of the most important aspects of the specialty occupation visa is that it’s employer-sponsored. You can’t file for this visa on your own. A U.S. employer must offer you a qualifying job and file a petition on your behalf. 

The general process includes:

• Filing a Labor Condition Application (LCA) with the Department of Labor
• Submitting Form I-129, Petition for a Nonimmigrant Worker, to USCIS
• Responding to any Requests for Evidence (RFEs) or issues that arise

Most H-1B visas are subject to an annual cap of 65,000, with an additional 20,000 reserved for workers holding a U.S. master’s degree or higher. 

Not every employer is subject to the cap. Universities, nonprofit research organizations, and certain government research entities qualify as cap-exempt and can sponsor H-1B workers outside the lottery at any time. This is particularly relevant in Philadelphia, where major hospital systems and universities are among the region’s largest employers of foreign national professionals. We help both cap-subject and cap-exempt employers manage the full process, including RFE responses.

USCIS conducts an electronic registration selection each March. Recent regulatory changes have made this lottery a wage-weighted system, giving positions with higher offered salaries significantly greater odds of selection. Because missing a filing window or a single paperwork error can cost an entire year’s opportunity, preparation before the registration period opens matters as much as the filing itself.

H-1B Status Eligibility

People often assume that H-1B visas are reserved for occupations in the computer or high-tech industries. While these jobs make up a significant portion of the list, there are numerous other careers that might make you eligible to receive an H-1B visa, including:

• Teacher
• Therapist
• Physician
• Surgeon
• Artist
• Graphic designer
• Biologist
• Civil engineer

While this is far from a complete list of H-1B occupations, it serves to illustrate the variation that the U.S. government has placed in the category.

Key H-1B Restrictions You Should Know

While the H-1B visa application can be a powerful pathway to work in the U.S., it comes with strict rules that affect both the worker and the sponsoring employer. 

Some of the most important restrictions include:

• Employer- & Position-Specific Status: Your H-1B is tied to a specific employer and job. A significant change in job duties, work location, or employer may require an amendment or a new petition.
• Prevailing Wage Requirements: Employers must pay at least the prevailing wage for the occupation in the area of employment to protect both H-1B workers and U.S. workers.
• Remote & Hybrid Work Compliance: Physical work location affects prevailing wage calculations and other compliance obligations. We advise employers on structuring remote and hybrid arrangements for foreign national employees without creating immigration law violations.
• Limited Period of Stay: H-1B status is typically granted for an initial period of three years, with extensions possible up to a six-year maximum.
• Grace Periods During Unemployment: If your employment ends, you have a limited window to find a new sponsoring employer, change status, or depart the U.S.

Employers must also maintain a public access file containing documentation supporting LCA attestations, and failure to keep proper records can trigger fines in the event of a Department of Labor audit. We stay current on USCIS policy shifts and enforcement trends to give employers and workers accurate, practical guidance on all of these obligations.

How Long Can You Stay in the U.S. With an H-1B Visa?

For most workers, H-1B status has a six-year maximum: an initial three-year period plus one three-year extension. After six years, the foreign worker must remain outside the U.S. for one year before a new H-1B petition can be approved. Workers on Defense Department projects have separate exceptions to this limit.

Workers in the green card pipeline may be eligible for extensions beyond six years under the American Competitiveness in the Twenty-First Century Act (AC21). Under AC21, workers whose PERM labor certification or I-140 petition has been filed at least 365 days prior are eligible for one-year extensions beyond the six-year cap. Workers with an approved I-140 who can’t yet file for adjustment of status may also be eligible for three-year extensions. These provisions make the H-1B an important bridge for professionals pursuing EB-1, EB-2, or EB-3 permanent residence while continuing to work lawfully in the U.S.

H-1B Visa FAQs

What Are Common Reasons for H-1B Visa Denials?

The USCIS can deny an H-1B petition for many reasons, but some of the most common include:

• Questioning the Status of “Specialty Occupation”: USCIS may decide the job doesn’t actually require a bachelor’s degree in a specific field, especially if the duties are described too generally or resemble a lower-level role.
• Insufficient Evidence of Qualifications: The petition failed to prove that the employee holds the specific degree or equivalent experience required for the specialty occupation.
• Employer-Employee Relationship Concerns: A major issue in consulting models or off-site placements. USCIS requires proof that the petitioning employer, not the end client, retains the right to hire, fire, pay, and control the worker’s duties.
• Prevailing Wage or LCA Issues: Problems with the Labor Condition Application or wage-level selection can negatively impact the case.

If your petition was denied or you received a Request for Evidence, we can evaluate the specific reasons, explore refiling or appeal options, and build a stronger, more targeted strategy for the next submission.

How Is an H-1B Visa Different From EB-1, EB-2, & EB-3 Employment-Based Visas?

The H-1B is a nonimmigrant (temporary) work visa, while EB-1, EB-2, and EB-3 visas are immigrant categories that lead to permanent residence and a green card. Many professionals use the H-1B to begin working in the U.S. sooner, while an employer simultaneously pursues a PERM labor certification and I-140 petition on their behalf. We handle both tracks and can help you understand how the timing of each affects your options.

Can My Spouse & Children Come With Me on an H-1B Visa?

Spouses and unmarried children under 21 may qualify for H-4 dependent status. H-4 spouses may also be eligible for an Employment Authorization Document (EAD) allowing them to work in the U.S. if the H-1B worker has an approved I-140 immigrant petition or has been granted H-1B status beyond six years under AC21. This is an important detail for families planning around a long-term green card process. Henry & Grogan can advise you on how your H-1B status affects your family and what steps to take to protect everyone’s status properly.

Partner with Our Philadelphia H-1B Visa Lawyers

Most immigration firms handle the H-1B petition and stop there. At Henry & Grogan, our representation extends through every stage the process might require, from building a petition designed to withstand scrutiny to preparing employers and workers for USCIS interviews and advising on remote and hybrid work arrangements. 

When a case requires more, we're equipped to provide it: we can file mandamus actions in federal court when USCIS stalls unreasonably, and we can take cases before the Board of Immigration Appeals and the Third Circuit Court of Appeals when a decision must be challenged. That full range of capability, from initial filing through federal litigation, is what separates us from firms that treat H-1B representation as a form-filing exercise.

If you're an employer looking to sponsor a worker or a foreign national navigating the H-1B process, we'd welcome the chance to talk through your situation. H-1B petitions are handled at a competitive flat fee, and initial consultations are free. 

Call (215) 568-1500 to start with Henry & Grogan.

Not sure where to start? Your first conversation with us costs nothing.

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