H-1B Specialty Occupation

Hire the person you want. They can start as soon as the petition is filed.

If the person you want to hire is already in H-1B status somewhere else, there is no lottery and no approval to wait for. With a change of employer petition they can start as soon as the petition is filed, and premium processing returns a decision in fifteen business days.

From your side it takes a role, a wage, and a candidate. We handle the Labor Condition Application, the notice, the public access file, and the petition, and you work with the attorney directly.

Book a consultation See what it takes

Who this is for: Anyone already in H-1B statusA software engineer, say. Counted against the cap once, never in the lottery again.
Start date: As soon as the petition is filedPortability starts the clock at filing, not approval.
Decision: Fifteen business daysWith premium processing, a USCIS service you can elect at filing.
From your team: A role, a wage, and a candidateWe prepare everything else.
Time available: Up to six yearsExtensions past six where the green card case supports it.
Family: H-4 spouse and childrenThey may live and study; a spouse may work in defined circumstances.

What a transfer asks for

Three inputs, and we take it from there.

A transfer is a defined sequence with a small number of things only you or the candidate can supply.

From your team

A role, a wage, and a candidate

We write the specialty occupation argument from your job description. For a software engineer that means the specific work and the degree field behind it, and the same holds for any specialty role.

A job description we can map to the specialty
The wage level for that role and location
A notice posted for ten consecutive days

From your candidate

The record of their current status

Portability rests on the candidate having held status cleanly. That is a documentary question, and their own records answer it.

Prior approval notices and the current I-797
The most recent I-94
Recent paystubs, degree, and transcripts

From us

Everything else

The filing, the compliance record behind it, and a direct line to the attorney writing it.

LCA prepared, filed, and certified before the petition
Specialty occupation argument written for your role
Public access file assembled and maintained

Common questions

H-1B Specialty Occupation FAQ

Can we hire someone who is on H-1B at another company?

Yes. A candidate already counted against the cap does not re-enter the lottery, so you can file a change of employer petition at any time of year. It is the most common way companies bring on someone who is already working in the United States.

When can they actually start?

As soon as the petition is filed. Portability lets a worker in valid status begin with a new employer on the filing of a non-frivolous petition, so they are on your team while the case is pending.

How long does the whole thing take?

The Labor Condition Application is usually certified within five business days. We file the day after it is certified, and with premium processing elected the adjudication comes about three weeks later.

What if the candidate is near their six-year limit?

Six years is the ordinary maximum, and extensions beyond it are available once the permanent residence process reaches the right stage. Tell us where their green card case stands and we will tell you how much runway the hire has.

Find out what your options are.

Schedule a call. You will get a straight answer on whether it works, what it would take, and what it costs. Or you can email using the details below.

(202) 455-0338 jose@marinaglobalmobility.com 1050 30th St NW, Washington, DC 20007