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The H-1B visa provides the opportunity for foreign professionals to work in the United States. It allows employers to hire qualified foreign workers in the U.S. in specialty occupations on a temporary basis. The foreign professional has the possibility to obtain a U.S. position based on his/her acquired skills. In order to be eligible for the H-1B Visa, the U.S. employer and potential employee are obligated to adhere to the USCIS conditions and regulations. The H-1B visa requirements strive to ensure that the U.S. employer and foreign professional comply with the Department of Labor standards. A major part of this compliance is filing for a Labor Condition Application (LCA). Unlock the full potential of hiring foreign workers for your U.S. business, schedule a consultation.
The H-1B visa is one of many employment-based visas in the U.S. It was designed to help American employers to hire international talent in specialty occupations. In particular, companies can bring foreign workers with at least a bachelor’s degree or equivalent to work in the U.S. The H-1B visa has a special quality as it is a “dual intent” visa, meaning that although it is a temporary visa, holders have the option to obtain a green card (permanent residency).
See the latest H1B Visa Guide: Ultimate Lottery, Timeline, & Process
H-1B is a great immigration pathway for individuals that are well-educated and have a job offer from a U.S. employer. Historically, these occupations have been in engineering, medicine, technology, and other fields that require advanced skills.
Choosing a good H-1B lawyer can be a critical decision. Here are our tips on how to choose the best H-1B lawyer:
Learn all about how you can choose the best immigration lawyer for your needs.
As with many U.S. visas, H-1B has very strict requirements that all applicants must adhere to. They are listed below:
Position Requirements
Education Requirements
Hiring foreign workers can be difficult and time-consuming for many U.S.-based companies. VisaNation attorneys take the outermost care of every client and ensure to get the best result in every case. Get started today!
If you were selected in the 2024-25 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition. Contact Us
If you were selected in the 2024-25 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.
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Department of Labor and USCIS Requirements
The H-1B visa requirements also entail the employer to submit an I-129 form to the USCIS once the DOL certifies the LCA.
U.S. Employer Requirements
Our legal team handles numerous H-1B applications every year. We proudly help many U.S.-based companies bring foreign talent that allows their businesses to grow. In our recent H-1B success story, we helped a foreign worker with degrees in business management and administration who faced an RFE while being considered for an IT position in the US through H-1B visa extension. The USCIS questioned the employer-employee relationship, the specialty nature of the position, the individual’s qualifications, the company’s control over the employee, and the availability of the job throughout the individual’s stay. The VisaNation attorneys addressed each query satisfactorily, providing evidence for the specialty nature of the position, establishing a valid employer-employee relationship, and proving the availability of the job. The case was approved, highlighting the importance of having experienced lawyers in the field of immigration law.
Once the USCIS approves the H-1B petition filed by the employer, the foreign worker can then get the H-1B Visa stamped at a U.S. embassy abroad or change status if he/she is already present in the U.S. The H-1B visa is granted for an initial 3 years period unless listed as a Chile or Singapore national. There are additional H-1B Visa requirements that must be followed by both petitioner (employer) and beneficiary (employee).
The H-1B visa process involves two major factors: the sponsorship by a U.S. employer and petitioning with the USCIS. The applicant must have a U.S. employer to start the process. When the potential H-1B holder finds a U.S. employer who is eligible and willing to file an H-1B visa on his/her behalf, the employer must receive a labor certification application and submit an H-1B petition to the USCIS. Below you will find a list of H-1B visa documents and forms:
If you were selected in the 2024-25 H-1B visa lottery, please contact VisaNation attorneys to file your H-1B petition. Contact Us
If you were selected in the 2024-25 H-1B visa lottery, please contact VisaNation attorneys to file your H-1B petition.
If you are a foreign national looking to work in the U.S. or an American company looking to employ a foreign worker, you may need an H-1B lawyer to help you navigate the complex process of obtaining an H-1B visa. Here are some reasons why you might need an H-1B lawyer:
Every fiscal year, the H-1B visa is limited by an annual cap of 65,000 visas. However, there are some applicants that are exempt from the cap. Beneficiaries with a U.S. master’s degree or higher are exempt from the cap if it is filed among the first 20,000 petitions available. Also, if the H-1B worker is employed or petitioned on behalf of an institute of higher education it is not subject to the H-1B cap. Related nonprofit entities, nonprofit research, and government research organizations are H-1B cap-exempt.
The spouse and unmarried children of the H-1B visa holder have the option of admission through the H-4 visa. However, members on the H-4 visa are not authorized to work in the United States.
Having the right immigration team behind your employment immigration application will increase chances of success. At VisaNation, our top priority is client satisfaction and getting the best results in every case. Get started today!
H-1B visa is not the only pathway for employment-based immigration to the U.S. Here are the alternatives:
As an H-1B non-immigrant worker, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).
Your employer will be liable for the reasonable costs of your return transportation if your employer terminates you before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign from your position. You must contact the Service Center that approved your petition in writing if you believe that your employer has not complied with this requirement.
We offer consultations to qualified H-1B clients, allowing you to speak with VisaNation H-1B visa lawyers. Contact us to learn how we can help you get an approval of your H-1B petition in a timely and efficient manner.
We charge a flat H-1B visa attorney fee of $2,600, which includes shipping and incidentals but does not include RFE responses, if applicable. In addition, you are responsible for the USCIS filing fees associated with your case. If after your initial consultation, you decide that an H-1B visa is not a suitable course of action, we offer a range of other immigration options.
Learn more about H-1B visa processing fees.
