H-1B Visas

The H-1B work visa is one of the most sought-after types of visas each year. Because there is so much demand for the H-1B visa, there is a cap on how many new H-1B petitions can be approved each year. Currently, the cap is 65,000 H-1B nonimmigrant visas per fiscal year, with an additional 20,000 available for graduates of U.S. master’s degree programs or higher. Certain employers are also eligible to file cap-exempt H-1B petitions. That’s why you need an immigration attorney who understands how to navigate the ever-changing immigration process. The experienced team at Ellen Freeman Immigration Law Group will help you successfully complete the H-1B visa process so you can bring the employees you need to your company.

What Is the H-1B Visa?

An H-1B visa is necessary when an employer wants to hire foreign workers for a temporary job in a specialty occupation when qualified Americans can’t be found to fill the position. The person receiving an H-1B visa is only allowed to work for the sponsoring company.

Benefits of the H-1B Work Visa

There are a number of benefits related to the H-1B work visa.

No labor certification is required for the H-1B application.
Expedited processing is possible in as little as 15 business days.
If your employer will sponsor you, it is possible to switch to a green card status.
In most cases, the applicant is not required to pay any fees.
The H-1B holder’s family can receive H-4 visas, allowing them to live and study in the United States.

H-1B Visa Requirements

To be eligible for an H-1B visa, foreign-born professionals must work in a specialty occupation requiring “theoretical and practical application” of a body of highly specialized knowledge. They must have at least a bachelor’s degree in the discipline applicable to the job. Fields such as IT, medicine, math, engineering, law, accounting, and other difficult-to-master occupations are eligible for H-1B work visas. The company wanting to hire a foreign worker is responsible for H-1B visa sponsorship.

The H-1B Visa Process

To file an H-1B visa petition, there are steps that both an employer and a potential employee must take in the H-1B visa process.

The employer is required to file a Labor Condition Application (LCA) with the Department of Labor. They will be required to show they adhere to the H-1B program requirements. In addition, they must state that they will pay the employee, at a minimum, the prevailing wage for the job. Ellen Freeman Immigration Law Group will work with the employer to prepare and submit the LCA, ensuring compliance with all requirements.
After the company receives approval for the LCA, they must file a Form I-129 Petition for a Nonimmigrant Worker with U.S. Citizenship and Immigration Services (USCIS). Employers are required to provide their company’s information, along with information about the foreign worker they wish to hire. Ellen Freeman Immigration Law Group will prepare this petition on the employer’s behalf, ensuring accurate information and a smooth submission process.
Once the petition is approved, if the individual is not in the U.S., he or she will be required to apply for an H-1B visa to enter the country and begin employment. This process involves completing the Form DS-160, Online Nonimmigrant Visa Application, paying the required nonimmigrant visa fee, and scheduling an interview at a U.S. Embassy or Consulate General. The Consular Officer will then approve or deny the visa.

The H-1B Lottery Process

USCIS utilizes an annual lottery to select which individuals are eligible to have a new H-1B petition filed on their behalf. The selection process is entirely random. Employers who are interested in submitting an employee or prospective employee in the H-1B lottery should contact Ellen Freeman Immigration Law Group to learn more about the process and begin preparing the required documentation.

How Long Is an H-1B Visa Good For?

Foreign workers in H-1B nonimmigrant visa status are allowed to stay in the U.S. for up to six years. USCIS will approve an initial H-1B nonimmigrant visa petition for up to three years and an extension petition for another three. This six year maximum may not apply under certain circumstances, such as when an employee has a Form I-140 approved on his or her behalf. After a worker’s H-1B status expires, he or she is required to either leave the country, receive an extension of the visa, or apply for a different type of visa. If a worker stays after his or her H-1B status has expired, he or she will lose legal status and can be deported.

What Are the H-1B Visa Costs For Employers?

The fees associated with an H-1B petition can vary depending on the size of the company, nonprofit status, and whether the company’s workforce is comprised of a majority of foreign workers. To learn more about the costs of the H-1B visa process, schedule a consultation with Ellen Freeman today.

Let the Ellen Freeman Immigration Law Group Help With the H-1B Visa Process

Why struggle to apply for an H-1B work visa on your own when the Ellen Freeman Immigration Law Group can help? In addition to H-1B visas, we also assist with a wide range of employer services. If you need assistance with any employment immigration issue, contact us and discover how we can help.