H-1B Visa Lawyers in New Orleans & Baton Rouge, LA

Immigration-Only Representation for Employers & Skilled Workers

H-1B petitions leave little margin for error. Missed deadlines, incomplete documentation, and unanswered Requests for Evidence are among the most common reasons approvals are delayed or denied. At Wheatley Immigration Law, LLC, our immigration attorneys focus solely on immigration law, and we represent both employers sponsoring H-1B workers and the skilled professionals seeking H-1B status. With offices in New Orleans and Baton Rouge and clients across the country and internationally, we bring over 20 years of experience to every petition we handle.

We’re available 24/7 to take your call, and we offer services in Spanish, Arabic, Hindi, Punjabi, and Vietnamese in addition to English. Whether you’re a local employer navigating the H-1B cap for the first time or a skilled professional managing your status from abroad, we’re here to help.

Contact us at (504) 784-6803 or schedule a consultation at our New Orleans or Baton Rouge office to discuss your H-1B matter.

What Is an H-1B Visa?

The H-1B is a non-immigrant visa for highly skilled professionals in specialty occupations: roles that require established terminology and at least a bachelor’s degree or its equivalent in the relevant field. It is one of the most widely used and most competitive employment visa categories in the United States.

H-1B visas fall into two categories:

• Cap-Subject H-1B Visas: Subject to an annual numerical limit of 65,000 visas for the general category, plus an additional 20,000 reserved for workers holding a U.S. advanced degree. These are allocated through a selection process each spring.
• Cap-Exempt H-1B Visas: Available to workers sponsored by institutions of higher education, nonprofit organizations affiliated with or related to such institutions, nonprofit research organizations, and government research organizations. Local universities such as Loyola University New Orleans sponsor H-1B workers on a cap-exempt basis for faculty and research roles.

Whether a position is cap-subject or cap-exempt shapes the entire filing timeline and strategy. That determination needs to happen at the outset, not mid-process.

H-1B Eligibility Requirements

Both the employer and the worker must satisfy specific requirements before a petition can be filed.

Worker-side requirements:

• Degree in the Specific Field: The worker must hold at least a U.S. bachelor’s degree or its foreign equivalent in the field the position requires.
• Alternative Qualification Paths: A worker may qualify through an unrestricted state license in the relevant field or through a combination of education and progressively responsible experience equivalent to a bachelor’s degree.
• Specialty Occupation Standard: The offered position must qualify as a specialty occupation, meaning a degree is the standard minimum requirement for that role in the industry, or the duties are so detailed that only a degree holder can perform them.

Employer-side requirements:

• Employer Sponsorship: A U.S.-based employer must file the petition. Workers can’t self-petition for H-1B status.
• Labor Condition Application (LCA): Before filing the H-1B petition with USCIS, the employer must obtain a certified LCA from the Department of Labor. The LCA attests that the employer will pay at least the prevailing wage for the position and maintain lawful working conditions.

The H-1B Selection & Filing Process

For cap-subject petitions, the process begins with electronic registration during a window USCIS opens each spring, typically in March. Registrants are selected through a random selection process.

After registration and selection, the petition sequence generally proceeds as follows:

• LCA Certification: The employer obtains a certified Labor Condition Application from the Department of Labor, which must be in place before the I-129 petition is filed.
• Form I-129 Petition: The employer files Form I-129 with USCIS along with supporting documentation establishing the specialty occupation and the worker’s qualifications.
• Consular Processing or Change of Status: If the worker is outside the United States, approval may lead to consular processing and a visa interview at a U.S. Embassy or consulate. If the worker is already in valid status inside the United States, a change of status may be requested within the same petition.
• RFE Response: Requests for Evidence are common. An unanswered or inadequately answered RFE typically results in denial. We prepare substantive, documented RFE responses and submit them within the USCIS deadline.
• Premium Processing: An optional USCIS fee that requires adjudicative action within 15 business days. It doesn’t affect selection odds but can reduce waiting time after selection.

We handle both cap-subject filings and cap-exempt petitions, and we provide strategic guidance on documentation and timing tailored to each client’s situation.

H-1B Duration, Extensions, & the Path to Permanent Residence

H-1B status is initially granted for up to three years and can be extended for a total stay of up to six years. Workers who reach the six-year limit must generally leave the United States for at least one year before obtaining H-1B status again unless a statutory exception applies.

For many H-1B holders, the visa is also a bridge toward permanent residence. Under AC21 provisions, H-1B holders may qualify for extensions beyond the six-year cap in two circumstances: those with an approved I-140 petition who can’t yet adjust status due to visa backlogs, and those for whom a PERM labor certification application or I-140 petition was filed at least 365 days before the end of their sixth year. These provisions can allow continued work authorization while a permanent residence case advances.

We handle H-1B extensions and advise clients on timing and strategy for transitioning from H-1B status to employment-based permanent residence, including how to protect options when priority dates are backlogged.

H-4 Dependent Visas for Spouses & Children

Spouses and unmarried children under 21 of approved H-1B holders may apply for H-4 non-immigrant status to accompany or join the H-1B worker in the United States. We assist H-1B applicants’ family members through the H-4 process, and our multilingual capacity in Spanish, Arabic, Hindi, Punjabi, and Vietnamese is particularly useful for families navigating this in a language other than English.

Certain H-4 spouses may currently be eligible for employment authorization if the H-1B holder has an approved I-140 petition or has received an H-1B extension under AC21 provisions. Employment authorization for H-4 spouses isn’t automatic and requires a separate application. H-4 dependent children aren’t eligible for employment authorization. Eligibility criteria in this area are subject to regulatory change, and we keep clients informed of the current rules as their cases develop.

Why Employers & Skilled Workers Choose Wheatley Immigration Law, LLC

Our practice focuses exclusively on immigration law. The cases we handle are immigration matters, which means our processes, resources, and attention aren’t divided across unrelated practice areas. That focus makes a meaningful difference in the quality and consistency of what we do on H-1B matters.

• Over 20 Years of Experience: Attorney Dayna Wheatley has been practicing immigration law since earning her J.D. from IIT Chicago-Kent College of Law in 2003. She is an active member of the American Immigration Lawyers Association (AILA) and has served as a liaison between Louisiana AILA members and U.S. Customs and Border Protection.
• Full H-1B Representation: We represent both employers filing petitions and workers seeking or maintaining H-1B status, including extensions, RFE responses, and the transition to permanent residence.
• Multilingual Service: We serve clients in Spanish, Arabic, Hindi, Punjabi, and Vietnamese. For H-1B applicants and H-4 families more comfortable communicating in a language other than English, that can remove a real barrier.
• 24/7 Availability: Attorneys and staff are available around the clock to take client calls. Immigration timelines don’t follow business hours, and neither do we.
• Payment Plans Available: We offer payment plans to make legal representation accessible.
• New Orleans and Baton Rouge Offices: We serve clients at both locations, as well as clients nationwide and internationally.

Whether you’re an employer looking to sponsor a skilled worker or a professional seeking to maintain or advance your H-1B status, our team is ready to help. Call us at (504) 784-6803 or contact us online to schedule a consultation at our New Orleans or Baton Rouge office.