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Like the rest of the country, Tampa is facing a growing demand for skilled workers, particularly in science, technology, engineering, mathematics, and finance. The H1-B visa program was spawned to offset this skills gap to allow U.S. companies to temporarily hire foreign nationals in these specialized fields. Acting as a bridge between employers and highly skilled talent, a Tampa H-1B visa lawyer at Brown Immigration Law can assist both sides in understanding the process and meeting their responsibilities.
What Is an H1-B Visa?
Established in 1990, the H-1B visa program allows U.S. employers to temporarily hire foreign professionals in “specialty occupations” that require highly specialized knowledge and at least a bachelor’s degree or its equivalent. It is not intended for general labor or positions that do not meet the program’s strict educational and occupational criteria. The regulations and implementation of this nonimmigrant visa are carried out by the United States Citizenship and Immigration Services (USCIS).
The H-1B visa is a temporary work authorization and does not directly lead to permanent residency. Initially granted for up to three years, it can be extended—under certain conditions—for a total stay of up to six years, offering skilled professionals a valuable but time-limited opportunity to work in the U.S.
Who Can Apply for an H1-B Visa?
To apply for an H1-B visa, there are two parties involved: the employer (petitioner) and the foreign worker (beneficiary). Foreign workers cannot apply on their own or self-sponsor.
To petition for an H-1B visa on behalf of a foreign worker, a U.S.-based employer must have a valid IRS Tax Identification Number, offer a position that qualifies as a “specialty occupation,” and agree to pay the required wage—either the actual wage paid to similarly employed workers within the company or the prevailing wage for the occupation in the geographic area, whichever is higher.
The H1-B Cap
While there is a broad pool of highly skilled talent abroad, the H-1B visa program is subject to a statutory annual cap, which limits the number of new visas that can be issued each fiscal year.
- 65,000 regular H-1B visas
- 20,000 additional for applicants with a U.S. master’s degree or higher
To put this imbalance between supply and demand into perspective, USCIS received about 470,000 eligible H-1B registrations during the initial lottery period in Fiscal Year 2025.
Florida is home to the third-largest tech industry in the country and accounts for about $13.2 billion in business. For many Tampa employers, the H-1B visa is a vital tool for filling specialized roles—but limited visa availability often means they secure fewer workers than anticipated. If your business is seeking to hire skilled foreign talent, Brown Immigration Law brings decades of experience to help you navigate the process effectively.
How the H1-B Lottery Works
Because demand far exceeds the annual cap, USCIS runs a lottery to choose which eligible applications will be allowed to file for an H1-B petition:
Online Registration:
You must register basic information about your business and the potential H1-B beneficiaries electronically with USCIS during a specific window.
Lottery Selection and Notification:
USCIS conducts a computer-generated, random selection to determine which beneficiaries will be able to file an HI-B petition. In turn, employers and their attorneys will be notified of the lottery results and will indicate whether a beneficiary has been selected.
Please note that being selected in the lottery does not guarantee visa approval. USCIS must still approve the full petition. In other words, the employer and their sponsor have merely gotten their “foot in the door” and can advance with the process with no assurance of the outcome.
Rest assured, however, that being selected in the lottery is a critical step towards obtaining an H-1B visa. As a footnote, cap-exempt employers like universities and nonprofits may skip the lottery and file year-round.
Petition Filing
If your registration is selected in the H-1B lottery, a complete petition must be filed within 90 days. Brown Immigration Law can guide you through every step of the process to ensure your application is accurate, timely, and fully compliant with all requirements.
H1-B Visa Eligibility Requirements
The process of applying and qualifying for an H1-B visa is largely driven by the U.S. employer, but the foreign worker also has several responsibilities and hurdles to overcome.
For Employers
- Create a USCIS online account for registration
- File a Labor Condition Application (LCA) with the Department of Labor
- Prepare and file the H-1B Petition with USCIS
- Wait for USCIS decision
For Foreign Workers Seeking an H1 B Visa
- Secure a job offer from a U.S. employer
- Provide accurate documentation to your employer and/or the United States Government
- Maintain legal status (if already in the U.S.)
- Attend the visa interview (if outside the U.S.)
- Stay informed and compliant, keeping copies of documents and notifying USCIS of address changes.
This subject matter engenders many questions best answered by an immigration law firm with over 10 decades of combined experience in providing attentive and responsive legal care to secure the future of families while making businesses stronger.
Our Tampa H1-B Visa Help Workers and Employers
The H1-B visa lawyers at Brown Immigration Law can be instrumental in the process for employers and prospective employees pursuing brighter futures. Here’s how:
Assessing Eligibility: Our attorneys can evaluate whether the work and the foreign national meet the H-1B requirements. Common questions include whether the position qualifies as a “specialty occupation,” whether the candidate has the education and skillset to enter the U.S., and whether the employer is eligible to participate in the program. Employers need to be compliant with myriad procedural requirements, and our offices can assist every step of the way.
Strategic Planning: With a limited number of H-1B visas available, timing matters when it comes to your application. Our legal team can help you prepare. We can also advise on alternatives if the H-1B application falls through.
Petition Preparation: If the foreign worker has been selected as part of the lottery, great. But this is just the first step. An immigration lawyer from our firm can help you complete and file the Labor Condition Application (LCA) with the Department of Labor and draft your petition, along with supporting documents. From start to finish, Brown Immigration Law can ensure you are compliant with all required documentation and fees. We can also amend the petition for job changes, transfer H-1B employees between employers, and extend visa status.
Responding to RFEs or Denials: Ideally, the petition does not have any red flags that trigger a Request for Evidence (RFE), but if so, our attorneys can provide supporting evidence and craft a persuasive argument. If your petition is denied, we can file a motion to reopen or reconsider, or assist with an appeal, as needed.
Changing the status of foreign workers from nonimmigrant status to a green card: Our seasoned team of legal professionals stands ready to assist workers to continue living the dream by helping them obtain their Green Cards.
Even small errors can lead to denials or delays, but a Tampa H-1B visa lawyer can help you avoid mistakes.
Do You Have an Immigration Lawyer Near Me?
Brown Immigration Law’s Tampa office is located at 400 N. Ashley, Suite #1900, at the beginning of the Tampa Riverwalk. There is a parking garage on the other side of the office and a bus stop in front of the building. We maintain additional offices in Orlando and in Durham, NC, Columbus, OH, and Cleveland, OH.
Contact Our H1-B Visa Attorneys in Tampa
We are here when you need us in a wide range of immigration matters. Whether you or a loved one is facing issues relating to immigration status, we understand how important it is for you to achieve a timely resolution to your case. Call or request a consultation.
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