Temporary Work Visas
H-1B Visa Attorney for Colorado Employers & Professionals
The H-1B is a temporary work visa category for specialty occupation positions that normally require at least a bachelor's degree in a specific field. A U.S. employer files the petition, and the position — not just the worker's degree — must meet the specialty occupation standard.
Blasingame Law LLC advises Colorado Springs employers on whether a role supports an H-1B petition, prepares the labor condition application and petition, and handles transfers, extensions, amendments and responses to requests for evidence.
H-1B eligibility in plain English
Three things have to line up: the position must qualify as a specialty occupation, the worker must hold the degree or equivalent that the occupation requires, and the employer must agree to pay at least the required wage for that occupation and location.
- A position requiring a specific bachelor's degree or higher as a normal minimum
- A worker with that degree, a foreign equivalent, or a qualifying combination of education and experience
- A certified labor condition application from the U.S. Department of Labor
- A wage at or above the higher of the prevailing wage or the employer's actual wage
- A genuine employer-employee relationship for the period requested
- A licensed role where state licensure applies to the occupation
The H-1B cap and registration process
Most new H-1B petitions are subject to an annual numerical limit, and employers must first submit a registration during a government-announced registration period. Selection is by lottery, and a registration is not a petition — a selected registration only creates the right to file.
Certain employers, including some institutions of higher education and affiliated nonprofit research organizations, may be cap-exempt. Whether an employer qualifies is a legal analysis, not a label.
Transfers, extensions and amendments
A worker already in H-1B status can generally change employers when the new employer files a petition, and may begin work on filing under portability rules. Extensions continue employment with the same employer, and amendments are required when there is a material change — a new worksite outside the original area of intended employment being the most common example.
- H-1B transfer to a new employer
- Extension of stay beyond the current validity period
- Amendment for material changes in the terms of employment
- Concurrent H-1B employment with more than one employer
- Change of status from another category to H-1B
- H-1B time counted toward the general maximum period of stay
Requests for evidence and common problems
H-1B requests for evidence often focus on whether the position truly requires a specific degree, whether the worker's education matches the occupation, whether the wage level fits the duties described, and how the employer will supervise work performed at a third-party site.
- Job descriptions written for recruiting rather than for legal analysis
- Wage level selected without support in the duties or requirements
- Foreign degrees filed without a credential evaluation where one is needed
- Third-party placements without itineraries or end-client documentation
- Worksite changes made without filing an amendment
- Public access file not assembled or maintained after approval
What the H-1B does not do
An H-1B approval is temporary and employer-specific. It is not permanent residence, it does not guarantee an extension, and it does not by itself put a worker on a green card path. Employers planning to keep a worker long-term often begin an employment-based green card case well before H-1B time runs short.
How Blasingame Law helps with H-1B cases
The firm reviews the role before the filing decision, documents the specialty occupation analysis, prepares the labor condition application and petition, assembles the public access file, and stays involved for extensions, amendments and audits. For employers filing repeatedly, the firm can help build an internal process so each case does not start from zero.
Frequently asked questions
Who files the H-1B petition, the employer or the worker?
The U.S. employer files the H-1B petition. A worker cannot self-petition for H-1B status.
What is the H-1B lottery?
When registrations exceed the annual numerical limit, the government selects registrations at random. Only selected registrations may proceed to a petition filing during the stated window.
How long can someone stay in H-1B status?
H-1B status is granted in increments, with a general maximum period of stay. Extensions beyond that maximum are possible in limited circumstances tied to a pending permanent residence process.
Can an H-1B worker change employers?
Generally yes. A new employer files a petition, and portability rules may allow work to begin upon filing. The details matter, especially where there are gaps in status.
Does an H-1B worker's spouse get work authorization?
Dependent status is available for spouses and qualifying children, and work authorization for a spouse is only available in specific circumstances. This should be reviewed case by case.
Do we need to file an amendment when an employee moves to a new office?
A move to a worksite outside the original area of intended employment is generally a material change that requires a new labor condition application and an amended petition before the move.
What is a public access file?
It is the file an H-1B employer must keep documenting the labor condition application, the wage determination and required notices. It must be available for inspection within a set time after filing.
Is an H-1B faster with premium processing?
Premium processing shortens the agency's decision timeframe for eligible filings but does not change eligibility or the cap process, and availability can be suspended.
Primary government sources
Written by the Blasingame Law LLC team. Attorney reviewer: Amber L. Blasingame — [ATTORNEY REVIEW REQUIRED BEFORE PUBLISHING]. Last reviewed: [ADD LEGAL REVIEW DATE].
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