H-1B Visa Attorneys

Our firm provides comprehensive services including the following:

• Preparation and filing of USCIS forms
• Preparation and filing of the Labor Condition Application (LCA)
• Preparation and filing of Employment Contracts, Employer and Peer Support Letters
• Preparation and filing of Applications for Change of Status
• Preparation and filing for petition for Change of Employers
• Preparation and filing of H4 Dependent Petitions
• Preparation and filing of H1B Extensions

What Are H-1B Visa Requirements?

The H-1B visa is a type of non-immigrant visa that allows US firms to hire foreign workers in speciality areas. Both the employer and the employee must meet certain standards to be eligible for an H-1B visa.

The following are the main requirements for the H-1B visa:

• Specialty Occupation: The position for which the employer is seeking an H-1B visa must be a "specialty occupation." This means that it requires theoretical and practical application of specialized knowledge and a minimum of a bachelor's degree or its equivalent in a given discipline.
• Employer-Employee Relationship: The employer must establish a legitimate employer-employee relationship with the H-1B visa beneficiary. The employer must have the ability to hire, pay, supervise, and fire the employee.
• Labor Condition Application (LCA): The employer must file an LCA with the U.S. Department of Labor, attesting to several conditions, including offering wages that meet or exceed the prevailing wage for the occupation in the geographic area of employment.
• Qualifications of the Employee: The H-1B visa beneficiary must possess the required qualifications for the specialty occupation. Typically, this includes at least a bachelor's degree or its equivalent in the field of specialization.
• Cap Limitations: There is an annual numerical limit, or "cap," on the number of H-1B visas available each fiscal year. Some employers are exempt from this cap, such as those affiliated with higher education institutions or nonprofit research organizations.

If you are considering the H-1B visa and need guidance or assistance with the application process, it is highly recommended to consult with an experienced immigration attorney. They can assess your eligibility, guide you through the requirements, and help prepare a strong H-1B petition.

With over 20 years of experience in immigration law, we have helped numerous clients navigate the complexities of the H-1B visa process. Contact an attorney for H-1B visa at Patel Law Group to schedule your consultation. Receive the guidance and support you need for your H-1B visa application!