H-1B Specialty Occupations

H-1B Visa Attorney in Cupertino

Do you wish to temporarily work in the United States in a specialty occupation? The H-1B category gives nonimmigrant visas to foreign nationals for this specific purpose.

A specialty occupation is one that requires "theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation." Determining what qualifies as a specialty occupation can be challenge, which is why we urge you to get in touch with our attorney at the Law Offices of Timothy D. Widman. We assist both foreign workers and U.S. employers who are using the H-1B category to advance their careers and businesses. This visa is highly competitive, and we can help you prepare a thorough, compelling petition that gives your case the highest possible likelihood of success.


Give our Cupertino H-1B visa lawyer a call at (408) 780-1684 or fill out our online contact form. We look forward to putting our 20+ years of experience to work for your case.


How to Qualify for the H-1B Visa

To qualify for an H-1B visa, your work must fall into one of the following categories:

  • A specialty occupation
  • Research and development for the Department of Defense (involving exceptional merit/ability)
  • Services as a fashion model (with distinguished merit/ability)

Each of the above categories have their own specific requirements. In most cases, you must possess a bachelor’s degree (or foreign equivalent) or higher, or you must have experience and training that rivals a formal education.

The H-1B Process

The H-1B category uses an electronic filing process. The sponsor (typically a U.S. employer) will need to electronically register the prospective visa recipient, a process that requires only basic information about the applicant along with a small fee. Because the number of petitions typically exceeds the yearly H-1B cap, USCIS will use a lottery system to randomly select from the electronic registrants. Those who are selected can then submit their official petition, and they may receive a visa if USCIS approves their petition.

Typically, the visa will last three years, and it may be extended. Some may be able to adjust their status to lawful permanent residence.

The Comprehensive Support You Need

Highly competitive and exceedingly complex, the H-1B visa category requires nothing short of exemplary legal support. We have represented tech startups, small businesses, corporations, and the best and brightest around the world. With your vision and our legal prowess, we can navigate this difficult process and give you or your employee the best possible chances of success.

Schedule your initial consultation with our firm by calling (408) 780-1684 or contacting us online today.

Clients Tell their Stories

  • He guides you through everything and makes everything straightforward [as to] what is needed and what is required.

    “Excellent service [,] he'll help you [from] day one all the way until your case is complete. He guides you through everything and makes everything straightforward [as to] what is needed and what is ...”

  • I honestly could not have done it without you. I appreciate the time you gave me.

    “Where do I begin?! THANK YOU!!! Thank you so much for all your advice and assistance. I am not sure if you realize how much you helped me during the months of November-January. I honestly could not ...”

  • I very much appreciate your guidance as does everyone in the office.

    “I want to express my sincere appreciation for your efforts and help with [name redacted]'s situation. Thank you for helping [name of organization redacted]. I very much appreciate your guidance as ...”

  • Thanks to Mr. Widman I now have the opportunity to do the things I could not have done before and I am very excited about that.

    “I found Mr. Widman through a website that had many other lawyers around my area. I decided to contact him because he had excellent reviews. I was applying for Deferred Action for Childhood Arrivals ...”

  • We thank our lucky stars that we had this attorney to work with and to guide us through the intimidating process of adjustment to permanent residency.

    “My wife and I had a 100% positive experience working with our attorney, Tim Widman, who was very supportive and motivational during the process of filing the I-485, application to adjust for permanent ...”

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Results that Speak for Themselves

  • Contributed numerous hours of pro bono services to local, community-based organizations
  • Persuaded U.S. Department of State to withdraw its finding of inadmissibility
  • Persuaded USCIS to retract notice of rescission of adjustment of status and to approve related citizenship application
  • Secured certification of helpfulness to law enforcement for U visa petitioner
  • Secured multiple grants of Deferred Action for Childhood Arrivals (DACA)
  • Secured post-conviction relief in state court which became basis for successfully terminating removal proceedings.
  • Successfully moved to reopen (Form I-290B) USCIS denial of application of Form I-485
  • Successfully obtained approval of employment-based adjustment of status application under AC21
  • Successfully obtained H-1B petition approval for change of employer and extension of status under AC21
  • Successfully obtained I-601 waivers of inadmissibility
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Put 20 Years of Experience to Work for Your Case

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