H-1B Visa Attorney in Miami

Over 40 Years of Immigration Law Experience

The H-1B visa process runs through multiple federal agencies, carries strict deadlines, and leaves little room for error. At Kurzban Kurzban Tetzeli & Pratt, our immigration practice has handled these matters for over 40 years, representing both employers sponsoring H-1B workers and the professionals seeking that status. We serve clients throughout Miami-Dade County and South Florida before USCIS, the Department of Labor, and U.S. consulates worldwide. John Patrick Pratt is certified by the Florida Bar in Immigration and Nationality Law.

Miami-area employers in technology, healthcare, engineering, finance, and education regularly rely on H-1B workers to fill critical roles. The process demands accurate LCA documentation, proper Public Access File preparation, and a clear plan for ongoing compliance. That’s where experienced immigration counsel matters most.

Why Miami Employers and Workers Choose Kurzban Kurzban Tetzeli & Pratt

Our firm brings a combination of credentials that few immigration practices can match. Founding partner Ira J. Kurzban has argued multiple cases before the U.S. Supreme Court. He is also the author of Kurzban’s Immigration Law Sourcebook, the reference text used by judges, government officials, and immigration attorneys nationwide. That appellate and litigation depth stands behind every petition we file.

Both Ira J. Kurzban and John Patrick Pratt are certified by the Florida Bar in Immigration and Nationality Law. Helena Tetzeli is a member of the American Immigration Lawyers Association and has been recognized by Who’s Who in American Law for her immigration work. The firm was also recognized by Manage HR Magazine as a Top 10 Immigration Law Firm for 2022.

What sets our H-1B lawyers in Miami apart:

• Federal litigation depth: We’ve won in trial and appellate courts throughout the United States, including at the Supreme Court level. When a petition is denied, or a DOL audit becomes adversarial, we can handle the matter without referring it out.
• Full compliance lifecycle: We advise employers on LCA documentation, Public Access File preparation, and DOL audit defense, not just petition filing.
• Personalized strategy: We sit with employers and workers to understand the specific position, the worker’s background, and long-term goals before building a petition strategy.
• Full-spectrum immigration coverage: We handle H-1B, L-1, E-2, TN, H-2B, EB-2, EB-3, and EB-5 matters, so if H-1B isn’t the right path for a given worker or position, we can advise on alternatives without starting over with someone new.

H-1B Services We Provide in Miami

We handle the H-1B process from start to finish for employers and workers alike. On the employer side, that means electronic lottery registration, Labor Condition Application filing with the Department of Labor, Form I-129 petition preparation, and responding to any USCIS Requests for Evidence. We also advise on IRCA and I-9 compliance, which intersects with H-1B program obligations for many employers.

For workers, we handle change of status for those already in the United States and consular visa stamp processing for those applying from abroad. We also advise on H-4 dependent visas for spouses and children accompanying an H-1B holder.

H-1B Visa Eligibility and Requirements

The H-1B is a nonimmigrant work visa that allows U.S. employers to temporarily hire foreign nationals in specialty occupations requiring at least a bachelor’s degree or its equivalent in a specific field. Three categories of workers can qualify: those in specialty occupations, workers on Department of Defense cooperative research and development projects, and fashion models of distinguished merit and ability.

Specialty occupations cover a wide range of fields, including engineering, information technology, finance, accounting, architecture, medicine, education, and law. The worker must have a job offer from a U.S. employer willing to sponsor the petition, and if the position requires a state license, the worker must hold it. Critically, USCIS reviews whether the position itself requires a degree, not merely whether the employer prefers a degreed candidate. Workers holding a U.S. master’s degree or higher may be eligible for a separate advanced degree pool within the H-1B cap.

The H-1B Petition Process

There are 85,000 H-1B visas available each fiscal year: 65,000 under the regular cap and 20,000 reserved for workers with advanced U.S. degrees. Workers employed by universities, nonprofit research organizations, and government research organizations aren’t subject to this cap. Because applications routinely exceed available numbers, USCIS uses an electronic lottery. Employers register electronically during a window that generally opens in early March and pay a fee per prospective employee.

Once selected, the employer files a Labor Condition Application with the Department of Labor. The LCA requires the employer to attest to paying the prevailing wage, providing appropriate working conditions, and disclosing the application to workers in the relevant occupation. After LCA approval, the employer files Form I-129 with USCIS on behalf of the worker. Premium processing is available for a faster adjudication timeline; current processing times and fee amounts are subject to change and should be confirmed on the USCIS website. The earliest start date for cap-subject H-1B workers is October 1 of the relevant fiscal year.

H-1B Duration, Extensions, and Employer Transfers

H-1B status is initially granted for three years and may be extended for an additional three years, for a standard maximum of six years. Extensions aren’t subject to the annual lottery. If an H-1B worker’s employment ends, the worker generally has up to 60 calendar days to secure a new sponsoring employer and file a transfer petition. Without that, the worker must depart the United States or change to another valid status.

Under the American Competitiveness in the 21st Century Act (AC21), H-1B portability allows a worker to begin working for a new employer as soon as a transfer petition is properly filed with USCIS, without waiting for full approval. Spouses and unmarried children under 21 may accompany the H-1B holder on H-4 dependent visas. Spouses of certain H-1B holders who have taken qualifying steps toward a green card may apply for employment authorization (H-4 EAD).

H-1B to Green Card: The Dual Intent Pathway

The H-1B is a dual intent visa, meaning that pursuing permanent residency doesn’t make an H-1B holder inadmissible or violate their nonimmigrant status. H-1B workers most commonly pursue green cards through the EB-2 or EB-3 employment-based preference categories. Both generally require PERM labor certification filed with the Department of Labor before the employer can submit an immigrant petition (Form I-140) to USCIS, though certain EB-2 National Interest Waiver petitions may proceed without PERM.

Because green card processing timelines for workers born in certain countries can extend for many years, employers often begin the process well before the six-year H-1B limit approaches. A worker with an approved I-140 may qualify for H-1B extensions beyond the standard six-year cap while the green card process continues. An immigration attorney can advise both employers and workers on the timing and strategy for transitioning from H-1B status to lawful permanent residency.

Schedule a Consultation with Our H-1B Visa Lawyers in Miami

Whether you’re an employer building an H-1B program or a foreign professional navigating your status, our team can help. We’ll take the time to understand your situation before recommending a course of action.