H1B
For foreign employees whose employers promise to sponsor their work visas
H1B is a temporary working visa that allows foreign nationals to work in the U.S. H1B is initially approved for three years and can be extended for another three years. Under some circumstances, a foreign employee may receive extensions of H1B status beyond six years.
Main Requirements
· Employer-employee relationship exists.
· The offered position is a specialty occupation.
· The offered position is a specialty occupation related to the beneficiary’s field of study.
· Offered salary is equivalent or higher to the actual prevailing wage.
· An H1B visa number is available.
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H1B Lottery
The H1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap.
Also, H1B workers who are seeking an H1B extension, amendment, or change of employer, or those who were petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization, are not subject to this numerical cap nor the lottery.
Why hire us for H1B
The main issue with cap-subject H1B petitions is that the petitioner only has one chance to submit the petition after being selected by the lottery. If the petition is denied, the petitioner generally cannot refile. H1B petitions have many nuanced requirements and strict criteria. Although almost all professional occupations, in reality, require a bachelor's degree or equivalent, USCIS demands specific documentation to show a position’s qualification as a specialty occupation. Further, USCIS applies a rigid salary structure published by the Department of Labor to assess the proffered wage in conjunction with specialty occupation analysis. Therefore, how to determine the job title, how to confirm the prevailing wage standard, and how to write job duties are the key factors of the H1B applications. If you make mistakes on these factors, your H1B application may failed.
How to avoid these mistakes?
Our lawyers have rich experience in H1B applications, and can accurately predict the issues that may be raised by the USCIS at the initial preparation. We will provide you with a thorough list, and do our best to obtain approval notice without any RFE. We promise, we will try our best in the initial process, and never leave any loopholes on purpose to gather more legal fees.
Attorney Xiaomin Hu and her staff have assisted hundreds of companies from numerous industries in their H1B petitions. Our immigration attorneys personally handle each client’s H1B case, guide them through the entire process, and provide consultation regarding legal status and the best immigration options for clients.
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