Internationally Recognized Trial Attorneys

H-1B Visa: Temporary Workers

The Federal Practice Group is experienced in representing those who are applying for an H-1B visa. If you are interested in applying for an H-1B visa, please find the information below.

H-1B visas allow non-citizens with highly specialized knowledge and skills to work for up to three years inside the United States if his or her job requires the expertise.

By law, the United States can only allow 65,000 foreign nationals to enter the United States on an H-1B visa every fiscal year.  For this reason, slots can fill up very quickly, and therefore timing is critical when applying for H-1B visas.

Who is eligible to apply for an H-1B Visa?

An H-1B visa accommodates for job offers in positions that are regarded as “specialty occupations”.  A specialty occupation requires the application of specialized knowledge and the attainment of a bachelor’s degree or higher in the relevant field. The applicant must have completed the required education to qualify.

You may still be eligible to apply for an H-1B visa if the job offer usually requires a bachelor’s degree that you do not possess. You would still need to show proof of expertise in the field by providing evidence of your work or certification from nationally recognized professional associations. 

How do I apply for an H-1B Visa?

You must already have a job offer in order to qualify, though you do not have to be present in the United States during the application process.  Our office is able to manage the process by handling the matters of both the employer and prospective employee. The application requires that both parties participate.

Two Steps Involved in H-1B Application Process:

  1. Labor Condition Application

The employer must first file a Labor Condition Application with the Department of Labor (DOL). The DOL intends to protect the US workforce by reviewing the conditions therein. The employer also must share the Labor Condition Application with the prospective employee.

If assistance is needed with this step, our firm is happy to assist.

  1. Filing of the H-1B Visa

The H-1B visa may be submitted to the United States Citizenship and Immigration Services once the Labor Certification Application has been approved and signed by the Department of Labor.

The H-1B visa only allows the employee to work for the employer for which it was petitioned. The H-1B visa may be valid for a maximum of three years, after which you may apply for an extension of an additional three years.

We are available to assist both employer and employee in preparing and submitting an H-1B application.

If you feel that you meet the requirements for an H-1B visa or have any questions regarding the application process, our legal team is happy to speak with you. Please schedule a consultation with the Federal Practice Group to discuss your next step.