Is an H-1B Visa Right for You?
An H-1B visa may be a good option if you want temporary authorization to live and work in the United States and have a job offer in a field that typically requires a bachelor’s degree.
Apart from authorizing work, the H-1B offers great flexibility to qualified workers. It is one of the few visa categories that permits a temporary worker to pursue a green card while holding nonimmigrant status. Once approved, the H-1B is also “portable” in that you can generally maintain status and move to another employer once it files a new H-1B petition.
A disadvantage of the H-1B, however, is that is subject to a numerical cap. Unless the beneficiary of the job offer is exempt from the cap, the sponsoring employer must register and be selected in a lottery process before filing the H-1B petition.
H-1B Visa Requirements
H-1B is a nonimmigrant visa classification that allows foreign nationals to accept a job with a U.S. employer in a professional field for a period of three years, which can be extended generally for another three years.
To be eligible, a foreign worker must have a job offer in a “specialty occupation,” which is one that requires a bachelor’s degree, or its equivalent in progressive work experience, as a minimum for entry into the occupation in the United States. Examples of a specialty occupation include, but are not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.
This visa category also includes fashion models of distinguished merit and ability and individuals providing services related to Department of Defense cooperative research and development projects.
How we help you with the H-1B process
We assess a prospective employee’s eligibility for H-1B classification, including whether (1) there is an employment relationship, (2) the employer is subject to the H-1B cap, (3) the offered position is in a “speciality occupation,” and (4) the employee has the education and experience to qualify for the position.
We draft and file all mandatory and optional paperwork needed for the H-1B application process, including:
Creating a USCIS online account and completing the H-1B Cap Registration Process for the appropriate fiscal year.
Form ETA-9035, Labor Condition Application for Nonimmigrant Workers
Form G-28, Notice of Entry of Appearance as Attorney or Representative
Form I-129, Petition for a Nonimmigrant Worker with H Classification Supplement and H-1B Data Collection Supplement
Form I-907, Request for Premium Processing (for expedited USCIS case processing)
Form I-539, Application to Extend/Change Nonimmigrant Status (for any dependents)
We ensure all forms are submitted by the appropriate deadline and keep you informed of every development in the case.
We respond to every government inquiry on your behalf, including Requests for Evidence.
H-1B Visa Cap
At Border Pathways immigration law, we guide you through the entire H-1B visa application process and legal requirements.
Most H-1B visas are subject to a numerical cap of 65,000 each fiscal year, plus an additional 20,000 visas for those holding master’s degrees. Because the demand for H-1B visas exceeds the supply, U.S. Citizenship and Immigration Services administers a lottery process, which begins with an employer’s submission of an online registration in early March. USCIS holds a second lottery for those individuals holding U.S. master’s degrees. At the end of March, USCIS notifies selected registrants that they can file H-1B petitions for an employment start date of October 1 or later.
Certain beneficiaries of employment offers are exempt from the numerical caps, and their sponsors can file H-1B petitions at any time of the year. These employers include institutions of higher education, nonprofit research organizations, and certain physicians in J-1 status.
H-1B Visa Process
The H-1B visa process typically begins when a foreign professional asks his or her prospective employer to be an H-1B sponsor, which includes working with us to prepare the required paperwork and paying the costs of the petition process. If the position is subject to a numerical cap, we create a USCIS online account and work with the employer to register for the lottery.
Before filing an H-1B petition, the sponsoring employer must submit a Labor Condition Application (LCA) with the U.S. Department of Labor, which is designed to ensure that U.S. wages are not adversely affected by the hiring of a foreign worker and that those workers are not exploited by their U.S. employers. This application requires information concerning the title, start date, worksite location, prevailing wage, and wage that was chosen. The Department of Labor ordinarily certifies the LCA within 7 business days.
As part of the LCA process, the employer must also post a Notice of Filing Labor Condition Application for 10 business days, which informs current employees that the company has filed a Labor Condition Application for an H-1B worker. The employer must also create a Public Access File, which must contain detailed information about the position and LCA.
After the LCA has been certified (and, in a case subject to the numerical cap, the sponsoring employer has been selected in the lottery), the employer can file an H-1B petition with USCIS up to 180 days before the planned start date for the position.
H-1B Portability
A key advantage of an H-1B Visa, which distinguishes it from other nonimmigrant classifications that authorize employment, is its “portability.” An individual in valid H-1B status can accept a new job with work authorization as soon as a prospective employer files a new H-1B petition. There is no need to await approval by U.S. Citizenship and Immigration Services of an application to change status, provided that:
the applicant was lawfully admited,
the new petition is not frivolous,
the new petition was filed before the applicant’s expiration of stay, and
after the applicant’s admission, the applicant was not employed without authorization before the new petition was filed.
Other H-1B Topics We Provide Legal Guidance On
H-1B Visa Cap
H-1B to Green Card
H-1B Visa Requirements
H-1B Visa Lottery and Application Process
H-1B Visa Processing Fees
H-1B Visa Processing Time
H-1B Premium Processing
H-4 Dependent Spouses and Children
Why Choose Our H1-B Legal Services
H-1B Visas are subject to highly technical eligibility and paperwork requirements. Our immigration lawyers have extensive experience with H-1B petitions and can guide you through every step of the process, maximizing your chances of success. We provide exceptional legal services at reasonable rates and are always accessible to our clients.
Our Fees for H-1B Legal Services/ How We Bill
Fees for H-1B petitions fall into two categories: One category consists of fees payable by the prospective employer directly to the government, all of which are detailed in a published fee schedule. The total ranges from approximately $1,700 to $9,000 depending on whether the petitioner is cap-exempt, employs fewer or more than 25 employees, and wishes to pay for expedited U.S. government processing.
In addition to government filing fees, we charge flat legal fees based on the complexity of the case and our estimate of the number of hours each matter will consume. The initial consultation is free, which covers the a general evaluation of H-1B eligibility, including whether the employer is subject to the numerical cap. If an employer wishes to go forward, we charge $500 to conduct a more detailed evaluation, collect data for the relevant forms, and register for the lottery (if required). If a registrant is selected for the lottery, we charge an additional $2,000 to complete and file all necessary paperwork. Additional fees ranging from $500 to $1,000 may be charged if we need to respond to Requests for Evidence.
Contact Us for a Free Consultation on the H-1B Visa Process
Tell us a little about yourself
Whether you’re in the Washington, D.C. area (DMV), or you’re just looking on Google in the D.C. Metro area for “an immigration lawyer near me,” our office is located at 4250 N. Fairfax Drive, Suite 600, Arlington, VA 22203. We’re happy to serve those living in the District, Northern Virginia (Arlington, Alexandria, Falls Church, Fairfax, McLean), Maryland (Montgomery County - Bethesda, Rockville, Silver Spring, Chevy Chase, etc.), Oxon Hill, College Park, Laurel, Baltimore, and more.
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