H-1B Visa Attorney in Tampa

How does the H-1B lottery work?

The H-1B lottery is a computer-generated random selection used when demand exceeds the 85,000 annual cap. Employers submit electronic registrations during a designated window (typically mid-March). USCIS randomly selects registrations to meet the cap. Selected registrants have at least 90 days to file full petitions. Beginning FY 2027, selection will be weighted by wage level, giving higher-paid positions better odds.

What are my chances of selection?

For FY 2026, USCIS selected approximately 118,660 from 339,000 registrations—a 35.3% rate. Under the new weighted system (FY 2027), selection probability depends on wage level: Level IV has approximately 61% odds, Level I has approximately 15% odds. U.S. master’s degree holders get two chances—first in the master’s cap, then the regular cap if not selected.

How do I find an employer to sponsor me?

Strategies include: applying to companies with established H-1B programs (check the USCIS H-1B Employer Data Hub), networking through professional associations and alumni connections, leveraging OPT to demonstrate value to employers, and working with recruiters specializing in H-1B placement. The employer pays filing fees and must meet labor condition requirements.

Can I change employers while on H-1B?

Yes. H-1B portability allows you to change employers and begin working as soon as USCIS receives the new employer’s nonfrivolous petition—no approval wait required. You must be in lawful H-1B status, have been lawfully admitted, and not have engaged in unauthorized employment. Premium processing can expedite adjudication to 15 business days.

What happens if I get laid off?

You have up to 60 days (or until your I-94 expires) to take action: find a new employer to file an H-1B transfer, change to another visa status (B-2, F-1, H-4), file for adjustment of status if green card eligible, or prepare to depart. H-1B employers must pay reasonable transportation costs for terminated workers to return home.

How long can I stay in the US if I lose my job?

Up to 60 consecutive days following your last employment day, or until your I-94 expiration—whichever comes first. If you exceed this without taking appropriate action, you begin accruing unlawful presence, which can trigger future immigration bars.

What is the 60-day grace period?

The 60-day grace period (8 CFR 214.1(l)(2)) allows H-1B workers to remain in authorized status for up to 60 days after employment ends. It begins the day after your last employment day, applies to H-4 dependents, and cannot extend beyond your I-94 expiration. Do not travel internationally during this period.

What is premium processing, and when is it available?

Premium processing guarantees a USCIS response within 15 business days for $2,805 (increasing to $2,965 in March 2026). Available for H-1B cap petitions, extensions, amendments, and transfers. The “response” may be approval, denial, RFE, or notice of intent to deny. If USCIS misses the deadline, they refund the premium fee.

Are universities and nonprofits exempt from the H-1B cap?

Yes. Institutions of higher education, nonprofit research organizations, governmental research organizations, and affiliated nonprofits are cap-exempt. They can file H-1B petitions year-round without lottery participation. Workers who transfer from cap-exempt to cap-subject employers become subject to the cap unless previously counted.

Does the $100,000 H-1B fee apply to me?

The fee (established September 2025) applies to new H-1B petitions for beneficiaries outside the U.S. without a valid H-1B visa, or petitions requesting consular notification. It does not apply to: extensions, change of status petitions for those in valid U.S. status (including F-1 students), or those with existing H-1B visas. Most F-1 students selected in the lottery who file for a change of status will not pay this fee.