H-1B Visa Lawyer

Navigating the U.S. immigration process can be difficult, especially for people unfamiliar with U.S. laws and legal language. Working with a knowledgeable 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 H-1B 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?

The H-1B visa is a nonimmigrant visa category that allows foreign nationals to work in the United States temporarily for a specific U.S. employer in a specialty occupation. It's a vital tool for companies seeking to fill specialized roles with qualified foreign professionals when they can't find suitable candidates within the U.S. workforce.

The initial period of an H-1B visa is up to three years, with the possibility of extensions, allowing a total stay of up to six years. While the H-1B is a temporary visa, it can serve as a stepping stone for those who wish to eventually pursue lawful permanent residency (a green card).

H-1B Visa Eligibility: Specific Qualifications and Criteria

The H-1B visa program has specific eligibility requirements for both the prospective employee (the foreign national) and the sponsoring U.S. employer. These are meant to ensure that the program benefits both U.S. businesses and the American workforce while providing opportunities for highly skilled foreign professionals.

Specialty Occupation: The Cornerstone of H-1B Visa Eligibility

The most critical requirement for an H-1B visa is that the job offer must be for a specialty occupation. This term has a precise definition under U.S. immigration law, and understanding it is critical for a successful application.

A specialty occupation is one that requires the following:

Theoretical and Practical Application of a Highly Specialized Body of Knowledge

The job must involve the application of advanced knowledge and skills typically acquired through a specialized course of study. This often involves a higher degree of education and practical experience in a specific field.

A Minimum Degree Requirement

In most cases, the position must require at least a Bachelor's degree or its foreign equivalent in a field directly related to the occupation. Common examples include a Master’s degree, Ph.D., or professional degree.

Specialized Duties

The required knowledge and skills must be specialized and not generally possessed by workers in the U.S. labor market. This is where the occupational classification of the position and the foreign national's educational and professional background come into play.

Typical H-1B specialty occupations include (but are not limited to):

• Information technology: Computing and data-management professionals often qualify for H-1B visas due to the high demand for their knowledge in the evolving tech industry.
• Engineering: Civil, mechanical, electrical, chemical, and biomedical engineering require a high level of specialized knowledge, making them suitable for H-1B sponsorship.
• Healthcare: While there are whole visa categories for doctors and nurses, professionals like physical therapists and medical researchers may also qualify for H-1B visas.
• Finance: Financial analysts, accountants, actuaries, and economists often possess the advanced degrees and knowledge necessary to qualify for H-1B visas.
• Research and academia: Universities and governmental research organizations often sponsor H-1B visas for highly qualified researchers, professors, and scientists.

It's important to note that not all positions requiring a Bachelor's degree automatically qualify as specialty occupations. The job duties and specific qualifications of the foreign national must be carefully evaluated to determine whether the position meets the criteria for an H-1B visa.

H-1B Prevailing Wages: Protecting U.S. Workers and Ensuring Fair Compensation

The H-1B program is intended to supplement the U.S. workforce, not to displace American workers. As such, U.S. immigration law mandates that employers pay H-1B workers a fair wage comparable to what U.S. workers in similar positions are paid. This is known as the prevailing wage.

The Department of Labor (DOL) determines prevailing wages based on the occupation, experience level, and geographic location of the job.

Employers must pay their H-1B workers the wage paid to similarly employed workers in their company or the prevailing wage for the particular position in the specific area where the H-1B worker will be employed, whichever is higher. This ensures that H-1B workers receive fair compensation and that the hiring of foreign nationals doesn’t disadvantage U.S. workers.

The Labor Condition Application (LCA): Safeguarding Fair Labor Practices

Before an employer can petition for an H-1B worker, they must file a Labor Condition Application (LCA) with the DOL. The LCA serves as a safeguard to ensure fair labor practices and protect both U.S. and H-1B workers.

The LCA requires the employer to make several attestations, demonstrating their commitment to:

Paying the Required Wage

The employer must attest that they’ll pay the H-1B worker the required wage. As mentioned, this is the higher of the prevailing wage or the actual wage paid to other similarly employed workers.

Maintaining the Same Working Conditions

The employer must ensure that the H-1B worker's labor conditions will not adversely affect the conditions of similarly employed U.S. workers. This means that the H-1B worker must be offered the same benefits, work hours, and opportunities as their American counterparts.

Providing Notice of Strikes or Lockouts

The employer must confirm that there are no strikes, lockouts, or other labor disputes in progress at the place of employment.

Notifying Domestic Workers

The employer must notify their U.S. workers of the filing of the LCA, typically by posting a notice in a conspicuous location at the worksite.

The Labor Condition Application process helps employers understand their obligations to both H-1B and U.S. workers and ensures compliance with U.S. labor laws. In this way, it plays a vital role in maintaining a balance between fulfilling workforce needs and protecting the rights of all workers.

Additional Criteria for H-1B Visa Eligibility

Beyond the specialty occupation designation, prevailing wages, and LCA requirements, both the employer and the foreign national worker must meet certain criteria for H-1B visa eligibility. These include:

Valid Job Offer

A bona fide job offer from a U.S. employer is essential. The offer must be for a full-time position in a specialty occupation. It must be in writing, clearly outlining the job duties, salary, benefits, and working conditions.

Appropriate Qualifications

The foreign worker must have the necessary educational and/or work experience qualifications for the specific occupation. This usually means holding at least a Bachelor's degree or equivalent experience in a relevant field.

In certain exceptional cases, an applicant may qualify for an H-1B visa without a formal degree if they can demonstrate extensive experience and specialized knowledge equivalent to a degree. These exceptions are evaluated on a case-by-case basis and require strong supporting documentation.

The H-1B Visa Cap and Lottery System

The H-1B visa program has an annual cap that limits the number of new H-1B visas issued each fiscal year (October 1 to September 30). This cap is determined by Congress and has fluctuated over the years. It’s currently set at 65,000 visas.

When the number of petitions filed exceeds the annual cap, U.S. Citizenship and Immigration Services (USCIS) uses a lottery system to randomly select the petitions that will be adjudicated. This system introduces an element of chance into the process.

Even if you meet all eligibility requirements and submit a properly filed petition, there's no guarantee it will be selected. The high demand for H-1B visas and the limited number available make the selection proceedings highly competitive.

Don't Leave Your H-1B Visa to Chance

Don't miss out on your chance to work in the U.S. Our knowledgeable H-1B visa lawyers can help you put together a strong application, overcome procedural obstacles, and maximize your chances of success.

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Our Comprehensive H-1B Visa Legal Services

At SimVisa, we offer a full range of H-1B visa legal services to meet each client’s unique needs. These include:

Initial Consultation

We’ll begin with a thorough consultation to understand your specific situation, assess your eligibility, and explain the process of applying for an H-1B visa in detail.

LCA Preparation and Filing

We’ll work closely with your sponsoring employer to prepare and file a comprehensive LCA with the Department of Labor, ensuring that it accurately reflects the terms of your employment and complies with all legal requirements.

H-1B Petition Preparation and Filing

Our team will carefully prepare your H-1B petition, gathering all necessary supporting documents and presenting your qualifications in a clear, compelling manner to USCIS.

RFE Response

We’re skilled at responding to Requests for Evidence (RFEs) from USCIS. We’ll analyze the RFE, gather additional documentation, and craft a persuasive response that addresses the agency’s concerns.

Interview Preparation and Representation

If USCIS requires an interview, we’ll help you get ready, coaching you on how to answer questions effectively and representing you during the interview.

Premium Processing

Our lawyers will determine whether your case is eligible for premium processing and guide you through the process if you choose to expedite your application.

H-1B Visa Transfer/Extension Application Filing

If you wish to work for more than the three years granted by your H-1B 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 H-1B visa, then we will coordinate with the H-1B visa sponsorship transfer from your old company to the new one, under the Twenty-First Century Act (AC21). We liaise with each entity’s Human Resources Department to ensure the timely renewal of your visa.

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 H-1B visa.

At SimVisa, we believe in clear and open communication with our clients. We will keep you informed of all developments in your case, promptly address your questions and concerns, and provide you with the support and guidance you need throughout the entire H-1B visa process.

Why You Should Hire an H-1B Visa Lawyer

Given the complexity of the H-1B visa process, it’s highly recommended that you seek the guidance of an experienced immigration lawyer. They’ll be your trusted advocate, ensuring that your application meets all the legal requirements and is prepared and submitted correctly.

Here's why a lawyer can be invaluable:

In-Depth Knowledge of Immigration Laws

Our H-1B visa lawyers are well-versed in U.S. immigration law and regulations. They stay abreast of the latest changes and interpretations and can guarantee that your application is compliant and positioned for success.

Detailed Case Evaluation

Your lawyer will conduct a thorough assessment of your case, reviewing your qualifications, the job offer, and all required supporting documents. They can identify potential weaknesses in your application and develop strategies to address them.

Meticulous Preparation and Filing

Our legal professionals will help you prepare your LCA and H-1B petition, double-checking that all necessary documents are included and all information is accurate and presented in a clear, concise manner. This attention to detail is critical for avoiding delays or denials.

Streamlined Communication with USCIS

Your H-1B visa lawyer will handle all communication with USCIS on your behalf. They’ll respond to any RFEs promptly and professionally, providing the necessary documentation and legal arguments to support your case.

Representation at Interviews

In some cases, USCIS may require an interview as part of the H-1B visa application process. Your lawyer will prepare you for the interview and accompany you to the meeting, advocating for your interests and upholding your rights.

H-1B Visa and Dual Intent

The H-1B visa offers a significant advantage to those who wish to pursue a permanent future in the United States: the concept of dual intent.

This means you can apply for an H-1B visa even if you have the intention of seeking lawful permanent residency in the future. Unlike some nonimmigrant visa categories, the H-1B explicitly allows applicants to express their desire to eventually immigrate to the U.S.

Having dual intent doesn’t guarantee that you’ll receive a green card — you'll still need to meet the eligibility requirements for the specific category you pursue. However, expressing dual intent during the H-1B application process won’t negatively impact your chances of approval. In fact, it can demonstrate your commitment to contributing to the U.S. workforce and society.

Our attorneys can provide reliable advice on the nuances of dual intent. We'll help you understand the implications of your H-1B application and develop a plan to potentially pursue a green card in the future, aligning your short-term and long-term immigration goals.

H-4 Visa: Bringing Families Together in the U.S.

The H-4 visa allows eligible relatives of H-1B visa holders to join them in the U.S. This category includes spouses and unmarried children under 21.

While H-4 visa holders generally aren’t authorized to work in the United States, certain circumstances may allow them to apply for authorization. One is when the H-1B spouse is actively pursuing a green card based on an approved I-140 petition and has met specific requirements under the American Competitiveness in the Twenty-First Century Act (AC21).

Our immigration attorneys can evaluate your loved one’s eligibility for H-4 visas, guide you through the application process, and offer advice on getting work authorization for your dependents, if applicable.

Ready to Start Your H-1B Visa Journey?

Obtaining an H-1B visa can be challenging, but it’s much simpler with the right help. Our team of dedicated immigration lawyers is here to provide the insightful guidance and personalized support you need every step of the way.

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Completing the Application Process

The H-1B visa application process requires careful planning and attention to detail. Here's a step-by-step overview of the key stages:

Initial Assessment

The path to an H-1B visa begins with a thorough consultation with our experienced immigration attorneys. We'll examine your qualifications, the job offer, and other relevant factors to determine your eligibility and formulate the best strategy for your case.

LCA Preparation and Filing

With our guidance, your sponsoring employer will file the LCA with the Department of Labor. This application details the terms of your employment and signals compliance with U.S. labor laws.

H-1B Petition Filing

Once the LCA is certified, we’ll help you prepare and file your H-1B petition with USCIS, including all necessary supporting documents, to demonstrate your qualifications and the legitimacy of the job offer.

Adjudication

USCIS officials will review your petition and, in some cases, may issue a Request for Evidence seeking additional documentation or clarification. We’ll take care of all RFEs, responding promptly and comprehensively to address any concerns USCIS raises.

Approval or Denial

After processing your application, USCIS will issue a decision on your H-1B petition. If approved, you can begin working for the U.S. employer as soon as your visa is issued. If you’re outside the U.S., you’ll need to attend a visa interview at a U.S. embassy or consulate to receive your H-1B visa stamp.

H-1B Visa Processing Time

The processing time for H-1B visas varies depending on several factors, including the USCIS service center handling your case, the complexity of your application, the overall volume of applications being processed, and whether you choose to expedite your case with premium processing.

Standard processing times typically range from a few months to several months or more. For an additional detection fee, premium processing can accelerate the process, potentially reducing the adjudication time to 15 calendar days.

Our team will carefully monitor USCIS processing times, provide you with estimated timelines for your case, and keep you informed of any developments or changes that might affect your application.

What Is the Cost of an H-1B Visa?

The cost of obtaining an H-1B visa is primarily based on government filing fees, attorney fees, and other associated expenses. Here’s an overview of the main costs:

Government Filing Fees

USCIS charges a series of fees for filing the LCA, H-1B petition, and other required forms.

Attorney Fees

Our legal fees are influenced by the complexity of your case and the specific services you need. We’ll provide you with a clear and transparent fee structure during your initial consultation.

Other Costs

You may incur additional expenses for document translation, premium processing (if applicable), and travel costs associated with visa stamping (if you’re outside the U.S.).

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.