Frequently Asked Questions
What visa categories should I review first in a visa pathway analysis?
Start by screening the nonimmigrant options tied to your current employer and status: H-1B specialty occupation (lottery-bound), L-1 intracompany transfer, O-1 extraordinary ability (no cap, employer-agnostic, premium processing available), and TN if you are Canadian or Mexican. Then check immigrant pathways: EB-1A extraordinary ability (self-petition, fastest for most countries), EB-2 National Interest Waiver (broader eligibility for advanced-degree holders), and PERM-based EB-2/EB-3 if your employer is willing. F-1 OPT and STEM OPT extension can buy time during green card processing.
What does USCIS mean by "specialty occupation" for H-1B?
Under 8 CFR 214.2(h)(4)(ii), a specialty occupation is a position that meets one of four criteria: (1) a bachelor's or higher degree (or equivalent) is normally the minimum entry requirement; (2) the degree requirement is common to the industry or the position is so complex that it can only be performed by someone with a degree; (3) the employer normally requires a degree for the role; (4) the specific duties are so specialized that they require a degree. The employer must also pay the prevailing wage for the role (DOL wage level I–IV) and file an LCA (Labor Condition Application, ETA 9035).
How does the H-1B lottery work in practice?
USCIS runs the H-1B cap lottery each March for an October 1 start date. USCIS first selects 65,000 from the regular cap and 20,000 from the US master's cap. Selection runs through a single electronic registration process in March. If selected, the employer files a complete I-129 petition within 90 days; unselected registrations do not file. ~30% of registrations were historically selected in 2024–2025; FY2027 lottery selection odds will depend on total registrations. Each beneficiary can have multiple registrations on their behalf from different employers.
What should I bring to my attorney consultation?
Bring: I-797 prior notices for any petitions filed; travel history (passport stamps for last 5 years); current I-94 record; employment history (resumes, offer letters); educational credentials (degrees, transcripts, credential evaluations for foreign degrees); any prior RFEs or NOIDs with attorney responses; dependents' immigration documents (spouse/child passports, current status docs); a 1-page summary of what you want the attorney to address. Tip: come with a written list of 5–10 prioritized questions so the consultation stays focused.
How long does it take to update a USCIS case after a status change?
USCIS case status updates typically appear 1–7 days after a case action is recorded. For premium-processed cases (H-1B, O-1, L-1, I-140), updates usually appear within 24–48 hours of adjudication. For standard processing, expect 30–90 days between status updates. Actionable updates — like an RFE being issued or an approval notice mailed — also arrive by USPS mail within 3–7 business days from the online status update. Use USPTO/USCIS case tracking tools to surface status changes automatically.