Key Advantages
Dual Intent Tolerance
Unlike many other non-immigrant visas, the H-1B allows you to maintain your status while simultaneously pursuing a Green Card (such as EB-2 or EB-3).
H-1B Portability (Transfer)
You have the flexibility to change employers. Once a new H-1B petition is filed and a Receipt Notice is issued, you can legally begin working for the new employer immediately.
Dependents
Your spouse and children under 21 can accompany you under the H-4 visa category.
Predictable Timeline
With the Premium Processing option, you can receive a decision on your petition within 15 business days.
The Lingtu Approach: Precision & Strategy
Lingtu Law focuses each H-1B petition on the issues USCIS reviews most closely, including specialty occupation analysis, wage level strategy, SOC code selection, and degree-to-position mapping.
Specialty Occupation Defense
We work closely with employers to draft detailed job descriptions that prove the complexity of the role, ensuring it meets the requirement for a bachelor's degree or higher.
LCA & Wage Strategy
Our attorneys evaluate prevailing wage levels and select the most appropriate SOC codes to minimize the risk of a Request for Evidence (RFE).
Complex Evidence Mapping
For candidates with degrees that do not perfectly match their job title, we provide expert mapping of coursework and experience to satisfy USCIS standards.
H-1B Transfer Process (Moving to a New Employer)
Day 1: Onboarding & Document Collection
The new employer initiates the process, and the employee provides their passport, most recent H-1B approval notice, I-94, and recent pay stubs.
Days 2–10: LCA Filing & Approval
The attorney files the Labor Condition Application (LCA) with the Department of Labor, which typically takes 7–10 business days for approval.
Day 15–30: Petition Submission
The attorney submits the I-129 Transfer Petition package to USCIS.
Submission + 3 Days: Start Working
Upon receiving the USCIS Receipt Notice (I-797C), you may legally start working for the new employer—you do not need to wait for the final approval.
Eligibility Requirements
For the Employer
- U.S. Entity: The company must be established in the U.S. and have a valid EIN.
- Physical Location: The employer must have a physical commercial address.
- Wage Compliance: The employer must offer a salary that meets or exceeds the prevailing wage for the specific position and location.
For the Employee
- Academic Qualifications: You must hold a bachelor's degree or higher (from the U.S. or a foreign equivalent).
- Valid Status: You must hold a valid passport and, if currently in the U.S., maintain valid legal status.
Legal Fee Structure
Legal fees are quoted after an attorney reviews the facts, complexity, and scope of the H-1B matter.
Full Representation
Attorney assessment required
- Includes: Full case preparation, LCA filing, and Petition submission.
- Includes: Handling of a standard Request for Evidence (RFE).
- Expert Opinion Letter requirements and related professional costs are discussed during the assessment.
- A fully refundable option is available: the Expert Opinion Letter is covered in full and the Service Fee is refunded if the H-1B application is denied.
USCIS Official Filing Fees (Current as of October 2026)
Please note that USCIS filing fees are separate from legal fees. The totals below are for an initial petition or a change of employer, filed on paper:
Small Company (≤25 employees)
- $2,010 (Base fee $460 + ACWIA fee $750 + Fraud Prevention fee $500 + Asylum Program Fee $300)
Big Company (>25 employees)
- $3,380 (Base fee $780 + ACWIA fee $1,500 + Fraud Prevention fee $500 + Asylum Program Fee $600)
Premium Processing (Optional)
- $2,965 (USCIS responds within 15 business days)
Other Fee Notes
- When the same employer extends the same worker, the $500 Fraud Prevention fee generally does not apply again.
- Filed online, the base fee for a larger company is $730.
- Nonprofits pay no Asylum Program Fee. Universities, nonprofit research organizations, primary and secondary schools, and certain other institutions are exempt from the ACWIA fee.
- Employers with 50 or more U.S. employees, more than half in H-1B or L-1 status, pay an additional $4,000 Public Law 114-113 fee.