BCA Law Firm is an immigration law firm in Norcross, Georgia that helps employers file H-1B petitions and helps H-1B workers with transfers, extensions, amendments, layoffs, H-4 family status and the move to a green card. If you need an H-1B visa lawyer in Atlanta, we represent companies and professionals across metro Atlanta and, because H-1B is a federal process, anywhere in the United States.
Office: 700 Holcomb Bridge Road, Norcross, GA 30071
Phone: 678-292-6111
Hours: Monday to Friday, 9:00 a.m. to 6:00 p.m.
H-1B help for Georgia employers
The H-1B lets a U.S. employer hire a foreign professional for a job that requires at least a bachelor’s degree, or its equivalent, in a specific field. We work with startups, IT and consulting firms, health care employers, universities and family-owned businesses on:
- Cap registrations each spring and the cap petitions that follow a selection
- Labor condition applications (LCAs) with the Department of Labor and choosing the correct wage level
- Showing that the job is a specialty occupation and that the worker qualifies for it
- Cap-exempt petitions for universities, affiliated nonprofits and research organizations, which can be filed year-round
- Amended petitions when a job, worksite or employer changes
- Public access files, site visits and planning around layoffs or restructuring
- Requests for Evidence (RFEs) and denials
Two 2026 changes matter for employers. A September 18, 2026 executive order tells the Departments of Labor, Homeland Security and State to consider whether an H-1B employer had layoffs in the past year, or plans layoffs, affecting similar U.S. workers. And for petitions filed on or after September 9, 2026, employers with 50 or more U.S. employees, more than half in H-1B or L-1 status, also owe the 9-11 Biometric Entry-Exit Fee on H-1B extension petitions.
For other work visas and broader hiring strategy, see our employment immigration lawyer and business immigration attorney pages.
H-1B help for workers and families
For H-1B workers and their families in the Atlanta area, we help with:
- H-1B transfers. A worker already in H-1B status can usually start working for a new employer once the new employer’s petition is properly filed, without waiting for approval.
- Extensions. H-1B status is granted for up to three years at a time, usually up to six years in total. Extensions past six years may be possible when a green card case has reached certain stages (see below).
- Amendments. A material change in the job, such as a move to a worksite outside the area covered by the LCA, usually requires an amended petition before the change happens.
- Layoffs and job loss. Planning your next step inside the 60-day grace period.
- H-4 status and the H-4 EAD for spouses and children.
- H-1B to green card through PERM, Form I-140 and adjustment of status.
The H-1B cap and the new weighted selection
Most new H-1B petitions are limited to 65,000 a year, plus 20,000 for people with a U.S. master’s degree or higher. Employers first submit an online registration for each worker; only selected registrations can be filed as cap petitions.
The random lottery is gone. DHS published a final rule on December 29, 2025 (effective February 27, 2026) that replaced it with a weighted selection. Each registration is weighted by the highest Department of Labor wage level the offered salary meets: a Level IV registration goes into the pool four times, Level III three times, Level II twice and Level I once. Employers can still sponsor workers at every wage level, but higher-paid positions have better odds.
The FY2027 season was the first under this system. Registration ran March 4 to 19, 2026, cap petitions could be filed from April 1, 2026, and USCIS announced on July 17, 2026 that the FY2027 cap had been reached, so there will be no second selection. USCIS announces the next registration dates on its H-1B cap season page. Because the wage level now affects selection, employers should set the job’s wage level carefully and early.
The $100,000 H-1B payment: where it stands
As of October 2026, USCIS is not collecting the $100,000 payment, but the fight is not over:
- September 2025: A presidential proclamation required a $100,000 payment for new H-1B petitions filed after September 21, 2025, mainly for workers outside the United States. Read our original update on the proclamation.
- June 8, 2026: A federal court in Massachusetts vacated the agency guidance that put the payment into effect. See what employers need to know about the ruling.
- July 24, 2026: The First Circuit Court of Appeals denied the government’s request to pause that ruling while it appeals. USCIS says it will comply with the order but still plans to collect the payment if the order is later lifted.
- September 2026: A September 18, 2026 proclamation extended the payment requirement for 12 more months, to September 21, 2027. At the end of September, a federal court in California (Global Nurse Force v. Trump, N.D. Cal.) issued a preliminary injunction barring the agencies from implementing the payment. The appeals continue.
- A separate proposed fee: On August 25, 2026, DHS proposed a new fee of $103,265 for cap-subject H-1B petitions, including advanced-degree cap cases. The comment period closed September 24, 2026. As of October 11, 2026, it is only a proposal, not a final rule.
These rules can change quickly. Check the current USCIS H-1B page and the USCIS fee schedule before you file, or ask us to review your filing plan.
Laid off on an H-1B? The 60-day grace period
If your H-1B job ends, federal rules generally give you a grace period of up to 60 consecutive days, or until your I-94 expires if that is sooner, during which you are still considered in status. The grace period is available once per authorized validity period. During that time you can:
- Have a new employer file an H-1B petition for you
- Apply to change to another status, such as H-4, F-1 or B-2
- Ask about other options if you have a pending green card case
- Leave the United States
The clock starts on your last day of employment, not the day you are told about the layoff, so call early. Employers who lay off an H-1B worker also have obligations, including offering the cost of return transportation.
This grace period may not last. On September 11, 2026, DHS published a proposed rule to eliminate it; comments are due by November 10, 2026. The proposal is not final, and as of October 2026 the 60-day grace period still applies.
H-4 visas and the H-4 EAD
Spouses and unmarried children under 21 of H-1B workers can hold H-4 status. An H-4 spouse can apply for a work permit (H-4 EAD) if the H-1B spouse has an approved Form I-140 or has been granted H-1B extensions beyond six years based on a pending green card case.
Two points to watch. First, for EAD renewals filed on or after October 30, 2025, the old automatic extension no longer applies, so H-4 spouses should file renewals early (USCIS accepts them up to 180 days before expiration). Second, DHS has listed rescinding the H-4 EAD on its regulatory agenda, but as of October 2026 no proposed rule has been published, and the program continues for now.
From H-1B to green card: PERM, I-140 and AC21
Most H-1B workers get a green card through their employer in three steps: PERM labor certification with the Department of Labor, an immigrant petition (Form I-140) with USCIS, and then adjustment of status (Form I-485) when a visa number is available. For workers born in India, the wait for a visa number in EB-2 and EB-3 can be many years; check the current Visa Bulletin. See our guide to PERM processing time.
A federal law called AC21 protects workers during that wait:
- One-year extensions past six years if a PERM application or I-140 was filed at least 365 days before the six-year limit.
- Three-year extensions if the I-140 is approved but a visa number is not yet available because of per-country limits.
- Job portability. Once an I-485 has been pending 180 days or more and the I-140 is approved, you may be able to move to a same or similar job without starting over.
Learn more about working while a green card application is pending.
H-1B RFEs and denials
USCIS often asks for more evidence on H-1B petitions, usually about whether the job is a specialty occupation, whether the worker’s degree matches the job, the employer-employee relationship, or third-party worksites. A strong RFE response answers each point with documents, not just argument. See our RFE response lawyer page, and read what a Request for Initial Evidence is and what happens after you respond to an RFE.
Frequently asked questions
Do I need an H-1B visa lawyer or attorney?
The law does not require one, but H-1B filings involve two agencies, strict deadlines and fast-changing rules. An H-1B immigration lawyer can help you avoid wage-level, job-description and timing mistakes that lead to RFEs, denials or a missed cap season.
Can an H-1B lawyer in Georgia help me if I work in another state?
Yes. H-1B is federal law, so we can represent employers and workers anywhere in the United States, online or at our Norcross office.
Who pays the H-1B attorney fees?
For the H-1B petition itself, the employer generally must pay the costs that are its business expenses, and cannot pass them to the worker in a way that cuts into the required wage. Workers may pay for their own separate matters, such as H-4 filings for family. We discuss legal fees at the consultation.
How does an H-1B immigration lawyer consultation work?
Bring your passport, I-94, approval notices, recent pay stubs, your job offer or job description and any USCIS notices. We review your status, your deadlines and your options, and explain the next steps.
Is the H-1B still a lottery?
Not a purely random one. Starting with FY2027, selection is weighted by wage level, so a registration at a higher wage level has more chances to be picked.
Consultations
A consultation is a 30-minute meeting and costs $175. We offer consultations at our Norcross office and online.
Book a consultation online or call 678-292-6111.
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
