What If My Employer in Columbus Wants to Sponsor Me for an H-1B Visa — What Is the First Step?

The first step is determining whether the position qualifies as a specialty occupation under 8 CFR § 214.2(h)(4)(iii)(A) — meaning it requires a bachelor's degree or higher in a specific field and the duties involve applying specialized knowledge. Your Columbus employer must then obtain a certified Labor Condition Application from the Department of Labor, attesting to wage and working condition requirements. Only after LCA certification can the employer file Form I-129 with USCIS. For cap-subject petitions (new H-1B cases not exempt under the advanced degree or nonprofit research exceptions), the employer must register during the annual March lottery period and receive a selection notice before filing. Columbus employers hiring for positions at Ohio State University or Nationwide Children's Hospital may qualify for cap-exempt filings, allowing year-round petition submission.

What If I Already Have an H-1B Visa and Want to Change Employers in Columbus?

Changing H-1B employers requires the new Columbus employer to file a new Form I-129 petition on your behalf — this is not a simple transfer but a new petition subject to full adjudication. Under the H-1B portability rule at 8 CFR § 274a.12(b)(21), you may begin working for the new employer as soon as the new petition is properly filed, without waiting for USCIS approval, provided your previous H-1B status was maintained and the new petition is non-frivolous. However, if the new petition is denied, your employment authorization ends immediately. Columbus workers considering employer changes should consult with an immigration attorney to assess portability eligibility and ensure the new petition addresses any issues from prior filings, such as RFEs or specialty occupation concerns.

What If USCIS Issues a Request for Evidence (RFE) on My Columbus Employer's H-1B Petition?

An RFE means USCIS has identified a deficiency or requires additional evidence to establish eligibility — common RFE topics include specialty occupation qualification, beneficiary credential evaluations, employer ability to pay, or LCA wage level justification. The RFE will specify a response deadline, typically 30, 60, or 87 days from the notice date. For Columbus-based petitions, responding to an RFE requires submitting evidence that directly addresses each question raised, such as expert opinion letters for specialty occupation issues, additional financial documentation for ability-to-pay concerns, or detailed job duty breakdowns. Failure to respond by the deadline results in automatic petition denial. Our Columbus H-1B attorney practice has handled RFEs involving specialty occupation denials for business analyst and market research roles, wage level challenges for entry-level positions, and beneficiary degree equivalency evaluations for foreign credentials.

What If I've Been on H-1B Status for Nearly Six Years in Columbus — Can I Extend Further?

The H-1B statute imposes a six-year maximum period of stay under 8 USC § 1184(g)(4), but exceptions exist for beneficiaries with pending or approved immigrant visa petitions. If your Columbus employer has filed a PERM labor certification or an EB-2/EB-3 immigrant petition (Form I-140) on your behalf, you may qualify for H-1B extensions beyond six years under the American Competitiveness in the Twenty-First Century Act (AC21). Specifically, if your I-140 has been approved, you can obtain three-year H-1B extensions indefinitely while waiting for your priority date to become current. If your I-140 has been pending for at least 365 days, you can obtain one-year extensions. Columbus workers approaching the six-year limit should coordinate with their employer to initiate the immigrant visa process early — ideally 2-3 years before the H-1B expiration — to preserve extension eligibility.