H-1B Visa

Employment Based Immigration

H-1B Visa for Professional Workers

What is an H-1B visa?

The H1B visa is an employment based visa that allows a foreign professional worker to work in the United States for a temporary period of time. The offered employment has to qualify for a “specialty occupation”. The holder of H-1B visa status may hold for a maximum of six years. But it can only be issued up to three years at a time. There is an exception which will allow a H-1B worker to receive extensions of H-1B status beyond six years. To qualify for the exception, the employee must be in the process of applying for employment-based permanent residence (or "green card"). It is important to note that H-1B visas are subject to an annual quota or cap. A total of 85,000 visas are allowed in each given fiscal year, which begin at October of each year. Out of 85,000 visas, 20,000 of these visas are restricted to applicants who have received master's degrees or higher from U.S. colleges. This quota does not apply to certain applicants who are offered positions with qualifying universities or research institutes. Additionally, for someone who has previously received an H-1B visa status is also exempt from this cap. Because of this numerical limitation, it is extremely important for the prospective H-1B employer and employees to plan early to ensure the H-1B petitions will be filed timely and efficiently.

What are the General Qualifications of an H-1B Professional Worker?

1) In order to qualify for an H-1B status, the petitioner must demonstrate that the position offered must be a “specialty occupation”, which means that the beneficiary (or H-1B employee) must have a bachelor's degree or the equivalent experience to do the work.

2) The petitioner (or H-1B employer) must also first apply and receive an approved “labor condition application (commonly known as LCA)” from the U.S. Department of Labor (DOL) before filing the H-1B petition with the U.S. Citizenship and Immigration Service (USCIS).

3) For someone who is presently employed in H-1B status are also port or transfer his or her H-1B to a different employer for the same or similar position. This is made possible by the portability provisions of the American Competitiveness in the Twenty-First Century Act (commonly referred as“AC21”).

4) In certain cases, an employer is also permitted to petition or sponsor an H-1B employee for a part-time position. An H-1B status holder is also permitted for work for multiple H-1B employers if granted by the USCIS.

H-4 Visa (Dependents of H-1B visa holder)

Qualifying family members (spouse and unmarried children who are under 21 years of age) of H-1B visa holder may accompany him or her to live and stay in U.S. This is referred as the H-4 visa.

Our Services for H-1B Clients

Our law firm and team of professionals are ready to help employer and foreign professional workers with the H-1B visa petitions/applications. Here is a general description of what our services may include.

  • Provide a full review of the prospective H-1B employer’s corporate circumstances to see if the business or organization qualifies for an H-1B petitioner.
  • Provide a full review of the prospective H-1B employee’s personal circumstances.
  • Confirmation that the H-1B visa is appropriate for the professional worker.
  • Provide a comprehensive checklist of documents and evidence that you need to apply for the H-1B visa and the prerequisite Labor Condition Application.
  • Prepare of the H-1B visa petition and Labor Condition Application (if applicable).
  • File H-1B visa petition/application to the proper government agencies.
  • Respond to all correspondence with USCIS and DOL including any additional “Request for Evidence”
  • Advise the applicant on how to prepare for Consular interview (if applicable)
  • Unlimited personal communication with our attorney relating to the case