H-1B Visas

Trusted Chicago H-1B Visa Lawyers

Navigating the U.S. immigration process can be difficult, especially for people unfamiliar with U.S. laws and legal language. Working with a knowledgeable immigration attorney simplifies the process and prevents you from making mistakes that could delay your visa approval.

SimVisa completes much of the work preparing and filing for an H1B visa for you. Our lawyers increase the chances of getting your visa approved and can resolve ambiguity about employment immigration information.

What Is an H-1B Visa?

An H1B visa permits foreign nationals to temporarily work in the U.S. An H1B visa lasts for six years, with the option to renew in three-year increments after the initial six years.

It’s intended for employment offers in specialty occupations. Extensions of an H1B visa are also permitted for persons in the process of applying for permanent residence (a green card).

H1B visas are limited — only 85,000 total visas are allocated each year, with 20,000 of those 85,000 limited to persons who received a master’s degree or higher degree from a U.S. university or college.

H-1B Visa Requirements

Because an H-1B visa is a work-related visa, there are certain requirements for applicants. In general, H-1B visas are only open to those working in a professional position, although fashion models are also eligible for an H-1B visa.

These requirements must be met for an H-1B visa application to be accepted:

• The applicant must have a job offer from a U.S. company
• The company is willing to sponsor the applicant
• The job must be professional in nature, requiring at least a 4-year university degree
• The salary must meet the norm for the prevailing wage in the geographic area where the applicant will live and work
• The applicant must hold a bachelor's degree or have achieved an equivalent level of education for the position they will hold

Finally, the applicant’s employer must file a Labor Condition Application with the U.S. Department of Labor before petitioning for an H-1B visa.

H-1B Cap

H-1B visas are capped, with 65,000 professional visas issued annually for applicants with a bachelor’s degree and 20,000 visas for professionals with advanced degrees. However, five employment scenarios aren’t considered part of the annual visa cap:

• The employer is a college, university, or other institution of higher learning
• The employer is a not-for-profit entity affiliated with a higher education system, such as a public school or a hospital
• The employer is affiliated with governmental research organizations or nonprofit research centers
• The applicant is a J-1 nonimmigrant physician who was granted a waiver for the 2-year foreign residency requirement
• The applicant was previously granted an H1B statute within the last six years and hasn’t left the U.S. for longer than a year after being granted H1B status

You and your immigration lawyer must submit documentation that shows you meet one of these criteria if you seek quota exemption.

What Services Do We Provide for H-1B Visas?

SimVisa offers comprehensive visa application, filing, and appeals services, including specialized assistance for H1B applicants. An immigration lawyer can help with the following:

1. H-1B Visa Filing

Our lawyers take care of filing for your nonimmigrant worker visa from start to finish, beginning with a free consultation where we ask about your immigration case, employment offer, and your career goals.

We ensure that you are qualified for an H1B visa by:

• Determining whether your bachelor’s degree is related to the job offer
• Conducting a wage assessment for the job in different locales
• Ascertaining if your job is considered to be a specialty occupation
• Completing and filing the LCA and Form I-129

We also handle any other needs related to completing and filing the H1B visa application.

2. H-1B Visa Transfer/Extension Application Filing

If you wish to work for more than the three years granted by your H1B visa, then your sponsoring employer must file an extension on your behalf. We work with the employer to ensure the petition is submitted on time and can file the extension application for you.

However, if you decide to work for a different employer at the end of your three-year H1B visa, then we will coordinate with the H1B visa sponsorship transfer from your old company to the new one, under the Twenty-First Century Act (AC21). We liaison with each entity’s Human Resources Department to ensure the timely renewal of your visa.

3. F-1 to H-1B Visa Transfer

Perhaps you attended and graduated from an American college or university under an F1 visa and decided to apply for curricular practical training (CPT) or optional practical training (OPT) for better career prospects. In these cases, we can help transfer your F1 visa to an H1B visa.

What Working with SimVisa Looks Like

We take pride in helping immigrating professionals like you seek better career opportunities in the U.S. Our process involves:

1. Contact Us to Discuss Your Case

Fill out our online quiz. The initial 15-minute consultation is free.

2. Compile Your Documents

We have a list of everything you need to submit for the visa application.

3. Document Review

A skilled immigration lawyer reviews each document to ensure it will be accepted by USCIS, which takes 1-2 weeks. Then, you review our completed application and supporting documents, then sign the application.

4. Submit the Application to USICS

SimVisa files your H1B application. Submission takes about a week.