Professional H-1B Legal Guidance in Washington, D.C., and Maryland
At Patel Law Group, we represent a diverse range of clients, from small to large businesses, hospitals, and other corporate entities, in their efforts to hire foreign-trained professionals, including physicians, nurses, scientists, engineers, and IT specialists.
Are you planning to move to the United States for a job in a specialized field? Consult with an immigration attorney from our firm to determine your eligibility and get ready for your application!
How Our Attorney For H-1B Visa Can Help
Section 101(a)(15)(H) of the Immigration and Nationality Act permits U.S. employers to temporarily hire foreign workers in specialized fields. Under the present law, the annual cap for nonimmigrant visas or H-1B status is set at 65,000. Additionally, there are 20,000 extra visas available for candidates who have obtained a master’s degree or higher from a U.S. institution (or its equivalent).
Thus, the foreign worker is required to have at least a bachelor’s degree or an equivalent qualification, as well as state licensure if it is necessary for practicing in that particular field.
Our company offers a wide range of services, which include:
- Preparation and filing of USCIS forms
- Preparing and submitting the Labor Condition Application (LCA)
- Preparing and submitting job agreements, letters of support from employers, and peer recommendations.
- Preparing and submitting applications to request a change of status
- Preparing and submitting a petition to change employers
- The preparation and submission of H4 Dependent Applications.
- Preparation and filing of H1B Extensions
What Are H-1B Visa Requirements?
The H-1B visa is a non-immigrant visa that permits U.S. companies to employ foreign professionals in specialized fields. To qualify for an H-1B visa, both the hiring company and the potential employee must satisfy specific criteria.
Here are the primary criteria for obtaining an H-1B visa:
- Specialty Occupation: The job for which the employer is requesting an H-1B visa must qualify as a “specialty occupation.” This implies that it demands the theoretical and practical use of specialized knowledge and requires at least a bachelor’s degree or its equivalent in a specific field.
- Employer-Employee Relationship: The employer is required to form a genuine employer-employee relationship with the H-1B visa recipient. This means the employer must possess the authority to hire, compensate, oversee, and terminate the employee.
- Labor Condition Application (LCA): The employer is required to submit an LCA to the U.S. Department of Labor. This application confirms several conditions, such as the employer’s commitment to paying wages that are at least as high as the prevailing wage for that specific job in the geographical area where the work will be performed.
- Employee Qualifications: The beneficiary of the H-1B visa must have the necessary qualifications for the specialized occupation. This generally means holding at least a bachelor’s degree or its equivalent in the relevant field.
- Annual Quota Restrictions: Each fiscal year, there’s a set numerical limit, often referred to as a “cap,” on the quantity of H-1B visas that can be issued. Certain employers, including those connected with higher education institutions or nonprofit research organizations, are not subject to this cap.
Considering an H-1B visa and need guidance with the application process? It is strongly advised to seek the help of an experienced immigration attorney. An attorney can evaluate your eligibility, guide you through the necessary requirements, and help you prepare a robust H-1B petition. With more than 20 years of experience in immigration law, we have assisted numerous clients in successfully navigating the complexities of the H-1B visa process. Schedule your consultation with an H-1B visa attorney at Patel Law Group to get the support and advice you need for your application!
Got Questions About Our Services? Reach Out to Us!
Patel Law Group is ready to address any inquiries you have regarding immigration. Feel free to reach out to a Washington D.C. immigration lawyer to discover how we can assist you in achieving your goal of living and working in the United States. Our services extend to clients throughout Maryland, including Bethesda, Rockville, Silver Spring, and nearby regions.
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