🇺🇸 USA · Immigration, ICE & Deportation Defense · 11 min read

H-1B Sponsorship Attorney — Cap Petitions, Cap-Exempt Employers and RFE Responses

By the American Counsel legal team · Updated October 2026

Hiring global talent often means the H-1B visa. An H-1B sponsorship attorney helps employers file accurate petitions and respond to the requests for evidence that delay so many cases.

The H-1B is for specialty occupations that require at least a bachelor's degree in a specific field. Most employers face an annual lottery. However, universities, affiliated nonprofits and research organizations are cap-exempt and can file at any time. Therefore, knowing which rules apply to you is the first step.

This guide covers cap petitions, cap-exempt hiring including hospitals, RFE responses and costs. Moreover, it explains our fixed-price petition packets.

The H-1B cap and lottery

Congress caps new H-1B visas at 65,000 per year, plus 20,000 for holders of U.S. master's or higher degrees. However, demand far exceeds supply. Consequently, USCIS runs an electronic registration and selection process each spring.

After selection, employers can file petitions, usually starting April 1 for an October 1 start date. Meanwhile, rules and fees for registration and petitions have changed several times recently. For example, a 2025 presidential proclamation added a substantial payment requirement for certain new petitions. Therefore, confirm current requirements before each season.

Cap-exempt H-1B employers

Fortunately, some employers are exempt from the cap. These include institutions of higher education, nonprofits affiliated with them, nonprofit research organizations and governmental research organizations. They can file year-round.

Healthcare providers are a key example. In fact, many hospitals qualify as cap-exempt through formal affiliation with a university. As a result, physicians and other healthcare professionals can often be hired without the lottery. However, the affiliation must be documented carefully. An H-1B consultation reviews whether your organization qualifies.

Building a strong petition

First, an H-1B petition needs a certified Labor Condition Application from the Department of Labor, Form I-129 and supporting evidence. The evidence must show the job is a specialty occupation and the worker holds the required degree or equivalent.

Specific job descriptions help. In contrast, generic duties invite questions. Furthermore, the wage level must match the role's duties and requirements. Our H-1B petition packet is a fixed $1,500. It prepares the I-129, the support letter and the evidence index.

Responding to H-1B RFEs

Requests for evidence are common. For instance, they often question whether the role is a specialty occupation, whether the degree matches, or whether the employer-employee relationship is genuine, especially for consulting placements.

Therefore, answer every point directly. Provide organizational charts, detailed duty breakdowns, expert opinions and client letters where relevant. Moreover, respond before the deadline, because late responses lead to denial. Our RFE response service starts at $299.

From H-1B to green card

H-1B status is temporary. In general, it lasts up to six years, with extensions possible in some green card cases. Therefore, many employers start the green card process early.

Typically, the path is PERM labor certification followed by an immigrant petition. Read our guide to PERM, EB-2 NIW and EB-3 green cards. Meanwhile, an EB-2 consultation explores faster routes for advanced-degree professionals.

Our H-1B Visas services in the USA

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in the USA. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

H-1B Visa Petition Packet (I-129) in the USA

Form preparation for an H-1B petition: I-129 and H supplement, LCA details, support letter and evidence index for the employer and employee.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 10 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order H-1B Visa Petition Packet (I-129) — $1,500 See what's included →

H-1B consultation in the USA

A confidential 45–60 minute phone or video consultation with a licensed US attorney about the H-1B specialty-occupation visa. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order H-1B consultation — $399 See what's included →

RFE / NOID Response in the USA

Respond to a USCIS Request for Evidence or Notice of Intent to Deny.

Moreover, it is usually ready in 7 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order RFE / NOID Response — from $299 See what's included →

PERM Labor Certification (ETA-9089) in the USA

Preparation of the PERM labor certification: job requirements, recruitment record summary and Form ETA-9089.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 14 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order PERM Labor Certification (ETA-9089) — $2,000 See what's included →

EB-2 consultation in the USA

A confidential 45–60 minute phone or video consultation with a licensed US attorney about the EB-2 Green Card. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order EB-2 consultation — $399 See what's included →

Immigration lawyer consultation — 60 min in the USA

A confidential 60-minute phone or video consultation with a licensed US attorney about your immigration matter. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 60-minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Immigration lawyer consultation — 60 min — $359 See what's included →

Employer employment-law consultation in the USA

A confidential 45–60 minute phone or video consultation with a licensed US attorney about your business's employment-law question — hiring, discipline, firing and compliance. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Employer employment-law consultation — $399 See what's included →

H-1B Visas services near you — every state we cover

Because everything is handled online, it makes no difference where you live. Nevertheless, the law does change from state to state, so every document is prepared for your local rules. Here are some of the places our clients come from most often.

H-1B Visas help in California

We prepare h-1b visas documents for California law and local court practice. Clients come to us from Los Angeles (near the Stanley Mosk Courthouse downtown), San Diego (near the Hall of Justice on West Broadway), San Francisco (near the Civic Center courthouse on McAllister Street). For example, see H-1B Visa Petition Packet (I-129) in Los Angeles, H-1B Visa Petition Packet (I-129) in San Diego, H-1B Visa Petition Packet (I-129) in San Francisco. Similarly, see H-1B consultation in California.

H-1B Visas help in Texas

We prepare h-1b visas documents for Texas law and local court practice. Clients come to us from Houston (near the Harris County Civil Courthouse), Dallas (near the George L. Allen Sr. Courts Building), San Antonio (near the Bexar County Courthouse), Austin (near the Travis County Civil and Family Courts Facility). For example, see H-1B Visa Petition Packet (I-129) in Houston, H-1B Visa Petition Packet (I-129) in Dallas, H-1B Visa Petition Packet (I-129) in San Antonio, H-1B Visa Petition Packet (I-129) in Austin. Similarly, see H-1B consultation in Texas.

H-1B Visas help in Florida

We prepare h-1b visas documents for Florida law and local court practice. Clients come to us from Miami (near the Miami-Dade County Courthouse on West Flagler Street), Orlando (near the Orange County Courthouse), Tampa (near the George E. Edgecomb Courthouse). For example, see H-1B Visa Petition Packet (I-129) in Miami, H-1B Visa Petition Packet (I-129) in Orlando, H-1B Visa Petition Packet (I-129) in Tampa. Similarly, see H-1B consultation in Florida.

H-1B Visas help in New York

We prepare h-1b visas documents for New York law and local court practice. Clients come to us from New York City (near the New York County Courthouse at 60 Centre Street and the immigration court at 26 Federal Plaza), Brooklyn (near the Kings County Supreme Court on Adams Street). For example, see H-1B Visa Petition Packet (I-129) in New York City, H-1B Visa Petition Packet (I-129) in Brooklyn. Similarly, see H-1B consultation in New York.

H-1B Visas help in Illinois

We prepare h-1b visas documents for Illinois law and local court practice. Clients come to us from Chicago (near the Richard J. Daley Center). For example, see H-1B Visa Petition Packet (I-129) in Chicago. Similarly, see H-1B consultation in Illinois.

H-1B Visas help in Georgia

We prepare h-1b visas documents for Georgia law and local court practice. Clients come to us from Atlanta (near the Fulton County Courthouse). For example, see H-1B Visa Petition Packet (I-129) in Atlanta. Similarly, see H-1B consultation in Georgia.

H-1B Visas help in Arizona

We prepare h-1b visas documents for Arizona law and local court practice. Clients come to us from Phoenix (near the Maricopa County Superior Court). For example, see H-1B Visa Petition Packet (I-129) in Phoenix. Similarly, see H-1B consultation in Arizona.

H-1B Visas help in Pennsylvania

We prepare h-1b visas documents for Pennsylvania law and local court practice. Clients come to us from Philadelphia (near City Hall, home of the Court of Common Pleas). For example, see H-1B Visa Petition Packet (I-129) in Philadelphia. Similarly, see H-1B consultation in Pennsylvania.

H-1B Visas help in Washington

We prepare h-1b visas documents for Washington law and local court practice. Clients come to us from Seattle (near the King County Courthouse). For example, see H-1B Visa Petition Packet (I-129) in Seattle. Similarly, see H-1B consultation in Washington.

H-1B Visas help in Colorado

We prepare h-1b visas documents for Colorado law and local court practice. Clients come to us from Denver (near the Denver City and County Building). For example, see H-1B Visa Petition Packet (I-129) in Denver. Similarly, see H-1B consultation in Colorado.

H-1B Visas help in Massachusetts

We prepare h-1b visas documents for Massachusetts law and local court practice. Clients come to us from Boston (near the Edward W. Brooke Courthouse). For example, see H-1B Visa Petition Packet (I-129) in Boston. Similarly, see H-1B consultation in Massachusetts.

H-1B Visas help in Nevada

We prepare h-1b visas documents for Nevada law and local court practice. Clients come to us from Las Vegas (near the Regional Justice Center). For example, see H-1B Visa Petition Packet (I-129) in Las Vegas. Similarly, see H-1B consultation in Nevada.

H-1B Visas help in New Jersey

We prepare h-1b visas documents for New Jersey law and local court practice. Clients come to us from Newark (near the Essex County Hall of Records). For example, see H-1B Visa Petition Packet (I-129) in Newark. Similarly, see H-1B consultation in New Jersey.

H-1B Visas help in North Carolina

We prepare h-1b visas documents for North Carolina law and local court practice. Clients come to us from Charlotte (near the Mecklenburg County Courthouse). For example, see H-1B Visa Petition Packet (I-129) in Charlotte. Similarly, see H-1B consultation in North Carolina.

We also help clients in Alabama, Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. See every location we cover.

H-1B Visa Petition Packet (I-129) in every state

Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming

Frequently asked questions

What is a specialty occupation for H-1B?

A job that normally requires at least a bachelor's degree in a specific field, such as engineering, IT, medicine or accounting.

Are hospitals exempt from the H-1B cap?

Many are, if they are nonprofit entities formally affiliated with a university or qualify as nonprofit research organizations. The affiliation must be documented.

How long does an H-1B last?

Generally up to three years initially, extendable to six years, with further extensions possible in certain green card situations.

What causes H-1B RFEs?

Common issues are whether the job is a specialty occupation, whether the degree matches the role and whether the employer relationship is genuine.

Do you prepare H-1B petitions for employers in every state?

Yes. We prepare H-1B petition packets for employers across all 50 states.

Contact American Counsel

📞 Phone / WhatsApp: +1 (217) 426-5403 · Chat on WhatsApp
✉ Email: support@american-counsel.com
🌐 Service area: online across all 50 US states and Washington, D.C.
🕑 Response: most enquiries answered the same working day

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This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.

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