H-1B visa lawyer in Florida — registration, lottery strategy, RFE response, transfer, extension. Flat-fee. Bilingual EN/RU. (305) 315-3425.
Quick answer: Fitenko Law is a Florida immigration law firm representing H-1B specialty-occupation visa workers and their U.S. employers. We handle the full H-1B lifecycle — electronic registration, cap petition, transfers, extensions, amendments, RFE responses, and the H-1B-to-green-card pathway via PERM (EB-2/EB-3) or EB-1C. Attorney Ekaterina Fitenko (Florida Bar member) personally handles every case, with bilingual English-and-Russian representation, transparent flat fees, and direct attorney access throughout. Last updated 2026-05-16.
The H-1B is a U.S. nonimmigrant work visa for foreign nationals filling "specialty occupation" positions that require at least a bachelor's degree (or equivalent) in a specific field. Common H-1B fields include software engineering, finance, medicine, accounting, architecture, scientific research, and management consulting. The visa is employer-sponsored: the U.S. employer files Form I-129 with USCIS, paying the substantial filing fees, and the foreign worker may then work in the U.S. for that employer for up to six years (with extensions possible beyond six years if a green card process is underway).
Each fiscal year, USCIS releases 65,000 H-1B visas plus 20,000 advanced-degree exemption ("master's cap"), for a total cap of 85,000. Demand vastly exceeds supply: in recent years, roughly 300,000+ unique registrations have competed for the 85,000 slots, producing a roughly 25-30% selection rate.
Fitenko Law charges flat fees for H-1B representation, with the employer typically paying the attorney fee under standard USCIS regulations. Typical engagement ranges:
USCIS government fees (paid by employer): I-129 base fee $780; ACWIA training fee $750 (employers ≤25 employees) or $1,500 (>25 employees); Fraud Prevention fee $500; Asylum Program fee $600 (waived for small employers); premium processing $2,805 (optional, 15-business-day decision).
USCIS evaluates whether a position qualifies as a "specialty occupation" under four regulatory criteria:
A position must satisfy at least one of these criteria. Generic IT roles, project management roles, and business analyst roles increasingly receive USCIS scrutiny — strategic petition drafting matters.
Most H-1B workers ultimately seek lawful permanent residency. The typical pathway is PERM labor certification followed by an EB-2 or EB-3 green card petition. PERM requires the employer to test the U.S. labor market and document inability to find a qualified U.S. worker — a 12-18 month process. After PERM, the employer files Form I-140 (immigrant petition), and once the priority date is current, the worker files Form I-485 (adjustment of status). For Indian and Chinese nationals, EB-2/EB-3 priority dates are heavily retrogressed — meaning multi-year waits. For most other nationalities, the timeline is more manageable. We strategize the green card path at the start of the H-1B engagement so the worker is positioned for timely transition. See our Visa Comparison Guide for H-1B vs L-1 analysis.
USCIS issues 85,000 cap-subject H-1B visas annually: 65,000 under the regular cap plus 20,000 under the U.S. master's degree exemption. Cap-exempt employers (universities, government research organizations, and certain nonprofit research institutions) may file H-1B petitions year-round without lottery constraints.
In recent years, the selection rate has hovered around 25-30%. With approximately 300,000+ unique registrations competing for 85,000 slots, most applicants are not selected in any given year.
Yes, through H-1B transfer (also called H-1B portability). Once the new employer files Form I-129 with USCIS, the H-1B holder may begin working for the new employer upon receipt of the petition, without waiting for approval. Fitenko Law has substantial experience with H-1B transfer cases and offers premium-processing coordination for time-sensitive transitions.
Denials are rare when petitions are properly built and complete. If a denial occurs, options include a motion to reopen or reconsider (Form I-290B), refiling under a different fact pattern (job duties, employer, location), pursuing alternative visa categories (L-1, O-1, E-2), or returning to the foreign-employer relationship.
Only if the H-1B principal has reached a specific milestone in the I-140 green card process — generally, an approved I-140 petition. Before that milestone, H-4 spouses cannot work. This is a meaningful family-life difference compared to L-2 (L-1 spouse), which permits automatic work authorization.
The standard maximum is six years (three years initial + three years extension). Beyond six years, H-1B extensions require demonstrating progress in the green card process: an approved I-140 petition with a not-yet-current priority date supports unlimited one-year extensions, and approved PERM filings older than 365 days support three-year extensions.
Premium processing guarantees USCIS adjudication within 15 business days for an additional fee of $2,805. It is optional but commonly used for transfers, extensions, and amendments where time matters.
Yes. Attorney Ekaterina Fitenko is fluent in Russian and conducts H-1B consultations and case work in your preferred language. Many of our Russian-speaking H-1B clients work in finance, technology, scientific research, and medicine in the Miami metropolitan area.
Yes. U.S. immigration law is federal — the same USCIS rules apply nationwide. We represent H-1B workers across the United States, with most cases handled via secure video consultations and electronic document signing. Our office is in Hallandale Beach, Florida; we serve South Florida in person and the rest of the country remotely.
Speak with Florida immigration attorney Ekaterina Fitenko about your H-1B case. Bilingual EN/RU. Initial consultation.
Schedule Now (305) 315-3425