The U.S. economy thrives on innovation and hard work — and skilled professionals are at the heart of this success. We connect employers with the talent they need and empower individuals to seize opportunities in the United States.
At Ozek Law Firm, we specialize in navigating the complexities of immigration law to connect employers with the talent they need and empower individuals to seize opportunities in the United States. Our dedicated team offers comprehensive legal support for H-1B, H-2A, and H-2B visas — ensuring that businesses and workers alike achieve their goals while staying compliant with immigration regulations.
Whether you are hiring highly specialized professionals, addressing seasonal workforce demands in agriculture, or meeting temporary labor needs in non-agricultural industries — Ozek Law Firm is here to guide you every step of the way. From initial eligibility assessment through petition preparation, filing, and any challenges that arise during USCIS processing, our immigration attorneys provide the precise, experience-backed guidance that complex visa matters demand.
With federal practice across the U.S. and licenses in D.C., MD, and NY, we serve employers and workers across industries — from technology and healthcare to agriculture, hospitality, and construction.
The H-1B, H-2A, and H-2B visa programs each serve distinct workforce needs. Our attorneys provide comprehensive legal support for all three — helping employers and workers navigate each program's specific requirements, timelines, and obligations.
The H-1B visa is designed for professionals in specialized fields requiring at least a bachelor's degree or its equivalent. It allows U.S. employers to hire foreign workers with advanced knowledge and skills for roles that are theoretical or technical in nature. We handle every aspect of the H-1B process — from LCA filing and petition preparation to extensions, transfers, and cap-exempt filings for qualifying institutions.
The H-2A visa program enables U.S. agricultural employers to hire temporary foreign workers to address seasonal labor shortages when U.S. workers are not available. Our firm supports agricultural businesses in maintaining a reliable workforce while meeting every legal obligation — from the initial job order through final worker departure. We have extensive experience handling the DOL certification process and ensuring full compliance with H-2A housing, transportation, and wage requirements.
For non-agricultural industries that experience predictable peak seasons — including hospitality, construction, landscaping, seafood processing, amusement parks, and event staffing — the H-2B visa program provides access to temporary foreign workers during periods of demonstrated need. We guide employers through the multi-agency certification and petition process, helping them secure the seasonal workforce they need on time and in full compliance.
Hiring foreign workers under the H visa programs is a multi-step process involving the Department of Labor, USCIS, and in many cases the Department of State. We manage the full process on your behalf — handling every filing, deadline, and compliance requirement so you can focus on your operations.
Whether you are a foreign professional seeking an H-1B visa, an agricultural worker arriving on H-2A, or a seasonal worker on H-2B status, your rights under U.S. immigration law matter. We advise workers on their status, their rights under the H visa programs, employer obligations owed to them, and their options if an employer fails to fulfill those obligations.
H visa petitions are complex, deadline-driven processes that can derail quickly if a single document is missing or a regulatory requirement is overlooked. Our attorneys manage the full lifecycle of every case — from pre-filing strategy through USCIS approval — with the precision and proactive communication that immigration matters demand.
“Whether you are hiring specialized professionals or addressing seasonal workforce demands — we handle every filing, deadline, and compliance obligation so you can focus on what matters most.”
Tolga Ozek — Founding PrincipalWe evaluate the employer's needs and the worker's qualifications to determine the appropriate visa category, assess the strength of the case, and identify any potential obstacles before the process begins.
We prepare all required supporting documentation — including job descriptions, prevailing wage determinations, employer attestations, worker credentials, and any required recruitment evidence — ensuring every filing is airtight before submission.
For H-1B, H-2A, and H-2B petitions, the Department of Labor certification or LCA step is critical. We manage all DOL submissions, respond to any deficiency notices, and obtain the necessary certifications within required timelines.
We prepare and file the I-129 petition with USCIS, monitor processing timelines, respond to any Requests for Evidence (RFEs), and keep employers and workers fully informed at every stage.
After approval, we advise on consular visa stamp procedures, port-of-entry guidance, and the ongoing compliance obligations that attach to every H visa status — including extensions, amendments, and status maintenance throughout the authorized period.
At Ozek Law Firm, we understand the vital role skilled workers play in driving innovation, meeting workforce demands, and supporting industries across the United States. Our experienced legal team is dedicated to helping employers and skilled professionals navigate the complex visa processes, ensuring compliance and efficiency at every step.
We handle H-1B, H-2A, and H-2B matters with equal depth and experience — providing employers with a single, trusted immigration counsel for all their specialized and temporary worker needs.
H visa petitions operate on strict statutory and regulatory deadlines — including H-1B lottery windows, H-2A filing timelines, and cap limits. We track every deadline proactively and never miss a filing window.
We guide both employers and workers — understanding the distinct legal interests of each and ensuring that every case is handled with the appropriate expertise, regardless of which side of the employment relationship we are advising.
No two H visa cases are identical — industry, employer size, worker background, and timing all affect strategy. We develop individualized approaches for every matter rather than applying one-size-fits-all templates.
Attorney-at-Law — Immigration Law & Special Skilled Worker Visas
Tolga Ozek brings over 13 years of experience advising employers and workers in H-1B, H-2A, and H-2B visa matters across a wide range of industries. Licensed in D.C., MD, NY with federal practice across the U.S., he is known for managing complex, multi-party visa processes with precision — ensuring petitions are prepared correctly, filed on time, and fully compliant with the DOL and USCIS requirements that govern every H visa program.
Under 8 CFR 214.2(h)(4), a specialty occupation requires the theoretical and practical application of highly specialized knowledge and at least a bachelor's degree in a directly related specific specialty, or its equivalent, as the minimum for entry. A position is not a specialty occupation if a general degree without further specialization is enough, although a range of degree fields may qualify if each is directly related to the duties.
The regular H-1B cap is 65,000 new visas or statuses each fiscal year, plus 20,000 for beneficiaries with a master's degree or higher from a U.S. institution. Employers first submit an electronic registration. If there are more registrations than needed, USCIS uses a weighted selection based on the wage level of the offered position, so higher wage levels receive more entries. Only selected registrations may file a cap petition.
USCIS explains that H-1B workers petitioned for or employed by an institution of higher education, a nonprofit entity related to or affiliated with such an institution, a nonprofit research organization, or a government research organization are not subject to the numerical cap. These employers can file H-1B petitions at any time of year without going through the registration selection, which can be valuable for researchers and university staff.
Yes. Under the H-1B portability rule in 8 CFR 214.2(h)(2)(i)(H), an H-1B worker who was lawfully admitted in H-1B status may start working for a new employer as soon as that employer files a nonfrivolous H-1B petition, or on the requested start date if later, provided the petition is filed before the current authorized stay expires. The new employer must file its own petition; the old approval does not transfer.
The general limit is six years in H or L status, after which you must spend one year outside the United States before a new H or L petition. Time spent abroad during H-1B validity can be recaptured. Extensions beyond six years are available if a labor certification or I-140 petition was filed at least 365 days earlier, or if an approved I-140 is waiting only because of per-country visa limits.
Not automatically. H-4 status does not include work authorization incident to status. Under 8 CFR 214.2(h)(9)(iv), an H-4 spouse may apply for an Employment Authorization Document only if the H-1B spouse is the beneficiary of an approved Form I-140 immigrant petition, or has been granted an extension beyond six years under sections 106(a) and (b) of AC21. H-4 children are not eligible for this work authorization.
Under 8 CFR 214.1(l)(2), you are not considered out of status solely because employment ended for up to 60 consecutive days, or until your authorized stay ends if sooner, once per authorized validity period. You may not work during that grace period unless otherwise authorized. Within it, a new employer may file for you, or you may seek a change of status or prepare to depart.
H-2A is for temporary or seasonal agricultural work, and H-2B is for temporary non-agricultural work. In both programs, the employer generally must first obtain a temporary labor certification from the U.S. Department of Labor showing that there are not enough available U.S. workers. H-2B is subject to an annual cap of 66,000, split into 33,000 for each half of the fiscal year.
Written and reviewed by Tolga Ozek, Esq. · Updated September 26, 2026
Whether you are an employer seeking skilled workers or a professional pursuing opportunities in the United States, Ozek Law Firm is here to assist. Contact us today to learn how we can support your H-1B, H-2A, or H-2B visa needs and help you achieve your immigration and workforce goals.
