By Wen Luo, Attorney at Law · Reviewed November 6, 2026
I’m Wen Luo, an immigration attorney in Midtown Manhattan. I handle H-1B petitions, transfers and extensions for employers, in person in New York or remotely for clients nationwide. My legal fee is a flat $2,999 per H-1B petition, and I personally review every case.
At a glance
- Flat fee: $2,999 per petition, for new H-1B petitions, transfers to a new employer and extensions. USCIS fees are paid separately.
- Lottery registration: a separate service, $150–$500 per registration depending on when you sign.
- LCA first: the employer needs a certified Labor Condition Application from the Department of Labor before filing the petition.
- Changing jobs: an eligible H-1B worker can generally start with the new employer once the new petition is properly filed.
- Nationwide: most of my H-1B work is done remotely.
A call about my services and fees is free. A legal consultation on your specific case is a paid service.
What I Handle
- H-1B lottery registration and cap petitions for new hires, including students moving from F-1 OPT to H-1B
- H-1B transfers when an employee changes employers
- Extensions and amendments (see transfer vs. amendment vs. extension)
- Cap-exempt petitions for universities, their affiliated nonprofits and nonprofit or government research organizations
- Petitions for founder-owned companies, where the worker owns more than 50% of the petitioner
- Responses to Requests for Evidence
Flat Fees
| Service | Legal fee | Notes |
|---|---|---|
| H-1B petition: new, transfer or extension | $2,999 flat | Per petition. USCIS fees are separate. |
| H-1B lottery registration | $150–$500 per registration | Signing earlier costs less. USCIS charges its own registration fee ($215 per registration for FY 2027; the FY 2028 amount has not been announced). |
USCIS fees depend on the employer’s size and the type of petition. See the fee table in my H-1B documents checklist and the official USCIS fee schedule (G-1055). All my fees are on the fees page.
How an H-1B Case Works in 5 Steps
1
Consultation
I review the job, the worker’s degree and the offered wage, and tell you whether the role fits H-1B.
2
Registration (cap cases only)
The employer registers the worker in USCIS’s online system. Only selected registrations can file. How the lottery works.
3
Labor Condition Application
We post the required notice and file the LCA with the Department of Labor. See the LCA steps below.
4
Form I-129 petition
My paralegal team prepares the petition with the certified LCA; I review every form and document before filing.
5
Decision and start
After approval, the worker starts in H-1B status or applies for an H-1B visa abroad. If USCIS asks for more evidence, I prepare the response.
The Labor Condition Application (LCA), Step by Step
Before filing an H-1B petition, the employer must obtain a certified LCA from the Department of Labor for the occupation (8 CFR 214.2(h)(4)(i)(B)(1)). The LCA rules are in 20 CFR part 655, subpart H.
- Set the wage. You must pay the H-1B worker the higher of your actual wage for similar workers or the prevailing wage for the job and work location, for the whole period of employment, and offer benefits on the same basis as to U.S. workers (20 CFR 655.731(a)).
- Post the notice. On or within 30 days before filing, post a notice in at least two conspicuous places at each work location for a total of 10 days, or give employees electronic notice. If there is a union for the occupation, notify the union instead (20 CFR 655.734(a)).
- File the LCA. File no earlier than six months before the start date. The Department of Labor usually decides within seven working days (20 CFR 655.730(b)).
- Create the public access file. Within one working day after filing, make the LCA and supporting documents available for public examination at your principal place of business or the work location (20 CFR 655.760(a)).
- File the petition. The certified LCA goes with the Form I-129 petition to USCIS.
Rules that catch employers after approval
- No unpaid “bench” time: if the worker is not working because of the employer’s decision, such as a lack of assigned work, you still owe the full wage (20 CFR 655.731(c)(7)(i)).
- The worker cannot pay the ACWIA fee: the employer may not receive any part of it from the worker, directly or indirectly (20 CFR 655.731(c)(10)(ii)).
- Return transportation: if you dismiss the worker before the end of the authorized stay, you are liable for the reasonable cost of return transportation abroad (8 CFR 214.2(h)(4)(iii)(E)).
- Changes in the job: a new work location or other material change can require a new LCA and an amended petition. Ask me before the change happens.
Employer Checklist Before We File
- Company information: legal name, FEIN, address and number of U.S. employees (this affects USCIS fees).
- The job: title, duties, minimum degree required, work location(s), start date and the wage you will pay.
- The worker’s degree: diplomas and transcripts, plus a credential evaluation for a foreign degree.
- The worker’s status documents: passport, current I-94, and prior approval notices if the worker is already in H-1B or another status.
- For transfers and extensions: the worker’s recent pay stubs.
- LCA compliance: where the notice will be posted (or how it will be sent electronically) and who keeps the public access file.
- Fees: a company payment method for the USCIS fees.
For the full list of documents for employers and employees, see my H-1B documents checklist.
Key Rules Employers Should Know
- Annual cap: 65,000 new H-1B statuses or visas each fiscal year, plus 20,000 for workers with a U.S. master’s degree or higher. Universities, their affiliated nonprofits and nonprofit or government research organizations are not subject to the cap (USCIS).
- Period of stay: generally up to 3 years at first, extendable to a total of 6 years, with certain extensions beyond the sixth year (8 CFR 214.2(h)(13)(iii)).
- Owner-beneficiaries: if the worker owns more than 50% of the petitioner or has majority voting rights, the initial petition and first extension are each limited to up to 18 months (8 CFR 214.2(h)(9)(iii)(E)).
- Changing employers: an eligible H-1B worker may generally start with a new employer once it properly files a nonfrivolous petition (8 CFR 214.2(h)(2)(i)(H)).
- The $100,000 payment: USCIS reports that a federal court vacated the guidance implementing it on June 8, 2026, and the First Circuit denied a stay on July 24, 2026. DHS says it is complying with the order and still plans to collect the payment if the order is lifted (USCIS fee schedule). The underlying proclamation has been extended until September 21, 2027 (Proclamation 11069, 91 FR 60497).
- Proposed $103,265 fee: a proposal for cap-subject petitions, not a final rule. What it would mean for employers.
Serving Employers Nationwide
My office is at 450 7th Ave, Suite 905, New York, NY 10123. Most H-1B work is done remotely, so I work with employers across the U.S. I speak Mandarin, Cantonese and English (Chinese-speaking immigration attorney).
Frequently Asked Questions
How much does an H-1B lawyer cost at Luo & Associates?
My legal fee is a flat $2,999 per H-1B petition, including transfers and extensions. Lottery registration is a separate service at $150–$500 per registration. USCIS fees are paid separately.
How long does the LCA take?
The notice must stay posted for 10 days, and the Department of Labor usually decides within seven working days after filing. You can post the notice up to 30 days before filing, so the steps can overlap.
Can an employee start working for us before the transfer is approved?
Generally yes, if the worker is eligible for H-1B portability and you have properly filed a nonfrivolous petition. I check eligibility before the employee resigns.
Do employers pay the $100,000 H-1B payment now?
Not while the court order stands. DHS says it is complying with the order and still plans to collect the payment if the order is lifted. The underlying proclamation has been extended until September 21, 2027. I will update this page if that changes.
Do you work with employers outside New York?
Yes. Most of my H-1B clients work with me remotely.
Hiring or keeping an H-1B worker?
Send me the job, the worker’s degree and the planned start date, and I will tell you which petition you need and what it will cost. For cap cases, start with the H-1B lottery registration.
A call about my services and fees is free. A legal consultation on your specific case is a paid service.
Sources (checked November 6, 2026): 20 CFR part 655, subpart H (§§ 655.730, 655.731, 655.734, 655.760) and 8 CFR 214.2(h) (eCFR, up to date as of Nov. 4, 2026); USCIS, H-1B Specialty Occupations (updated Sept. 21, 2026); USCIS Form G-1055, Fee Schedule. This page is general information, not legal advice for your situation.