Does my Miami company have to be large to sponsor an H-1B worker?

No. There is no minimum size requirement. Small businesses, startups, and solo-employer professional offices can all sponsor H-1B petitions, provided the employer-employee relationship is genuine and the position meets the specialty occupation standard.

Is the H-1B cap selection still a random lottery?

As of June 2026, no — not purely. Under a DHS final rule effective February 27, 2026 (first applied to the FY 2027 cap season), USCIS uses a wage-based weighted selection: registrations tied to higher Department of Labor wage levels are entered into the pool more times (up to four entries for a Level IV offer). Random tie-breaking may still occur within the process. Because this rule is new, confirm the current selection method with counsel before each cycle.

Is there really a $100,000 H-1B fee?

It is unsettled as of June 2026. A September 2025 proclamation imposed a $100,000 supplemental payment on certain new H-1B petitions, but a federal court has since vacated it; the government is expected to appeal. The enforceable status can change quickly, so do not rely on any single figure — verify the current fee with an immigration attorney before filing or budgeting.

Can a Miami employer transfer an H-1B worker from another company?

Yes. H-1B portability allows a beneficiary with a valid H-1B to begin working for a new employer once the new employer files an H-1B petition on their behalf, without waiting for approval, as long as certain conditions are met. The new employer must still file a petition and an approved LCA covering the work.

My employee works partly from home in Hallandale Beach and partly at our Brickell office — do we need an amended petition?

Potentially. As of June 2026, worksite changes can trigger LCA and petition amendment obligations depending on the geographic area involved. This is an active compliance area; you should consult with an H-1B attorney before your employee changes worksites.

Are there H-1B alternatives if we are not selected?

Yes. Depending on the employee's background, alternatives include the O-1 visa for individuals with extraordinary ability, the TN category for Canadian and Mexican nationals, the L-1 for intracompany transfers, or — for business investors — the E-2 Treaty Investor visa. An immigration attorney can help identify the best fit.

H-1B Visa Miami: Employer's Guide (2026)

A practical H-1B visa guide for Miami employers and workers. Learn how the cap, weighted selection, LCA, and filing work — South Florida context. Call

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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