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Is it mandatory to use the same attorney as the employer?

It is not mandatory to use the employer's attorney in the H-1B process. Since that attorney represents the company, having your own immigration attorney ensures your interests are also closely protected.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 13, 2026
1 min read
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No. In the H-1B process, you are not required to use the same attorney the employer has hired. It is common for companies to retain their own legal counsel to handle hiring and immigration matters, but that representation works in the employer’s interest.

Because that attorney’s focus is the company, they may not fully cover your perspective as a candidate and future employee. For this reason, many people choose to also retain their own immigration attorney who acts exclusively in their defense.

Having independent legal guidance helps you follow your case closely, understand the specific details of your situation, and confirm that legal requirements are being met. In practice, you benefit from dual protection: the company’s legal counsel on one side and your own on the other.

When selecting legal assistance, look for specialized professionals and be wary of any promises of guaranteed outcomes. If in doubt, verify information through official sources before making a decision.

Learn more about H-1B

Initial validity
3 years
Extension
Up to 6 years total
Annual cap
85,000 visas
Processing
6-12 months
All about H-1B

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

Victoria's tips

Is it mandatory to use the same attorney as the employer?

It is not mandatory to use the employer's attorney in the H-1B process. Since that attorney represents the company, having your own immigration attorney ensures your interests are also closely protected.

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