H-1B Visas

Work Authorization for Specialty Occupations

The H-1B visa program allows U.S. employers to hire highly skilled foreign professionals in specialty occupations. This non-immigrant visa is employer-sponsored, meaning an applicant must have a valid job offer from a U.S. company. The H-1B visa is a critical pathway for professionals in fields such as technology, engineering, healthcare, finance, and education to work in the United States.

Our firm provides strategic legal support to employers and applicants navigating the H-1B process, ensuring compliance with immigration regulations.

 

Eligibility Requirements for H-1B Visas

To qualify for an H-1B visa, applicants must meet the following criteria:

1. Job Offer in a Specialty Occupation 

  • The position must require specialized knowledge and a minimum of a bachelor’s degree in a related field.
  • Common industries include IT, engineering, science, architecture, finance, healthcare, and education.

2. Educational & Professional Qualifications

  • The applicant must hold a U.S. bachelor’s degree or an equivalent foreign degree in the specialty field.
  • If a degree is not available, the applicant may qualify with equivalent work experience (typically three years of experience per year of missing education).

3. Employer Sponsorship

  • A U.S. employer must file an H-1B petition on behalf of the applicant.
  • The employer must agree to pay at least the prevailing wage for the role as determined by the U.S. Department of Labor.

H-1B Visa Application Process

Labor Condition Application (LCA) Filing

The employer submits a Labor Condition Application (LCA) to the Department of Labor, ensuring fair wages and working conditions.

H-1B Lottery (If Applicable)

Due to annual caps, most H-1B petitions go through a lottery selection process:

    • Regular Cap: 65,000 visas per year.
    • Master’s Cap: Additional 20,000 visas for applicants with U.S. advanced degrees.

H-1B Petition Submission

The employer files Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS).

 

USCIS Processing & Approval

If selected, USCIS reviews the petition and issues an approval notice if the application meets all requirements.

Visa Stamping & Entry to the U.S.

If outside the U.S., applicants must attend a visa interview at a U.S. consulate before entering the country.

 

Key Considerations for H-1B Applicants

Initial Stay & Extensions

The initial H-1B visa is granted for up to three years, with the possibility of renewal for an additional three years (maximum six years).

Dual Intent Visa

The H-1B visa allows applicants to pursue a green card while working, making it a common pathway for employment-based immigration.

Portability Rule

H-1B workers can transfer to a new employer without needing to go through the lottery again, as long as a new petition is filed.

 

How Our Firm Can Help

H-1B Eligibility Assessment

We evaluate employer and employee qualifications to determine H-1B eligibility.

 

Lottery Registration & Strategy

We guide applicants and employers through the H-1B lottery process and help optimize selection chances.

Complete Petition Preparation

 Our team ensures all documentation, including job descriptions, wage determinations, and educational qualifications, is properly filed.

 

Request for Evidence (RFE) Responses

 If USCIS requests additional information, we provide strong legal arguments and supporting documentation.

H-1B Extensions & Transfers

Assistance with renewing H-1B status or transferring sponsorship to a new employer.

 

Start Your H-1B Application Today

The H-1B visa process is highly competitive and time-sensitive. Whether you are an employer seeking to hire foreign talent or a professional pursuing a U.S. career opportunity, our team is ready to assist.

Contact us today to get started with your H-1B visa application.

Schedule a Consultation
tag line