Successfully Obtaining Your H1B Visa: H1B Visa Lawyer Experience & Responsiveness that Makes a Difference.
Our H1B Lawyer Pledge:
100% commitment to processing your H1B Visa quickly & successfully
Strong H1B Visa lawyer experience & knowledge
Open H1B Lawyer communication & responsiveness is among our top priority
Highest level of H1B Visa Attorney service at an affordable FLAT rate
H1 Visa applications can be submitted in as little as one week.
For an H1B Lawyer evaluation call: 212-643-0985 or 1-800-673-1120 or
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How We Can Help Obtain Your H1B Visa...
We understand how important H1B Visas are to our clients, and that a successful outcome has a profound impact not just on an individual, but a company as well. H1B Visa applications, whether they are new H1B visas or an H1B transfer or H1B extension, do require careful attention and strong communication -- but with both in place, the process is often more simple, and more stress free than many of our clients expect.
With our experience, the process is step-by-step. We listen. We address your concerns. We help you gather the required information and documentation. And then we carefully prepare all letters and forms needed to obtain your H1B. We'll communicate with you (the employee & the employer) throughout the process, and with both the Department of Labor (DOL) and USCIS while the application is being processed.
In short, our H1B visa attorney experience benefits you in several key areas. We:
Clarify options and potential scenarios surrounding your case
Assist you in collecting the proper documentation
Correctly classify the application and ensure requirements are met
Prepare and submit all USCIS and Department of Labor (DOL) forms and documentation
Communicate with the DOL and USCIS
Monitor the entire H1B visa immigration application process
Your success is our success. At Lightman Law, that's not just lip service. You'll know it from the first communication through the completion of your case.
Take Advantage of our Free H1B Lawyer Evaluation.
Questions? Concerns? We can help. We'll explain the visa H1B process and time frame, and outline exactly what you need to prepare... and what you can expect.
There's no obligation. Contact us:
* 212-643-0985 * 800-673-1120 *
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Common H1B Visa Questions:
Do I qualify for an H1B Visa? While it's much easier to answer this for sure after speaking with you personally, there are a few general requirements that must be met. First of all, there MUST be a job offer in place from a U.S. employer, and it must require, at a minimum, a bachelor's degree or equivalent. The employee's degree should be applicable to the occupation of the job being offered and the wage being offered must meet the minimum prevailing wage for the position
I've heard that an H1B visa job must be a "specialty occupation". What is meant by the term "specialty occupation"? As defined by the H1B regulations, a "specialty occupation" is one that requires "theoretical and practical application of a body of highly specialized knowlege to perform the occupation". In order for an H1B visa job offer to qualify as a "specialty occupation, it must meet ONE of the following items:
A bachelor's degree or higher or the equivalent to a bachelor's degree (see below for how to determine equivalency) is normally the minimum requirement for entry into the position;
The bachelor's degree or higher requirement is common to the industry related to the employment in parallel positions among similar organizations or, in the alternative, the employer may show that its particular position is so complex or unique that it can only be performed by an individual with a bachelor's degree or higher or its equivalent;
The sponsoring employer normally requires a bachelor's degree or higher or its equivalent for the position; OR
The nature of the duties of the position are so specialized and complex that knowledge required to perform the job duties is usually associated with the attainment of a bachelor's degree or higher.
How many H1B visas are available every year? Every year on April 1 the U.S. government makes available 65,000 regular cap H-1B visas and 20,000 master's cap H-1B visas available for the upcoming government "fiscal year". The government fiscal year begins on October 1 of every year. For example, when the H-1B visa window opened on April 1, 2010, the government made available H1b visas for the 2011 fiscal year, which begins on October 1, 2010.
When can I submit an application? As long as H1B visas are available, you can submit an H1B visa application. As mentioned above, a new allotment of H1B visas are made available on April 1st of every year. In years past, due to the exceptionally high demand for H1B visas, it was highly advised to submit an application on April 1st and no later. However, in the last few years, the demand for the H1B visa has declined significantly and therefore it has been possible to successfully submit an application well after April 1st. For example, the H1B visa allotment from April 1, 2010 remained open until January 2011. That meant that an application could've been successfully submitted any time during that period of time. However, after January 2011, H1B visas were no longer available meaning that if you wanted to submit an H1B visa application, you had to wait until April 1, 2011. The latest H1B visa allotment from April 1, 2011, filled up as of November 22, 2011. If you want to submit a cap-subject H1B application you now must wait until April 1, 2012. Keep in mind that this doesn't apply if you've already been subject to the H1B visa cap or if you're applying to work at a non-cap subject organization.
Are there H1B Visas currently available? Cap-subject H1B visas will not become available until April 1, 2012. The cap for last year's filing season (Fiscal Year 2012) filled up on November 23, 2011. To get a sense of the pace that H-1B visas were taken up in the past few years, please see the following link: H-1B Visa Quota Update.
When should I start preparing my application? If you are applying for an H1B visa for the first time and your application will be subject to the cap, you should be in a position to send via overnight courier your complete H1B application to USCIS on March 31st for delivery on April 1, the opening of the H1B cap for Fiscal Year 2013. With that in mind, it is highly advised to begin preparing your application ASAP, even months in advance of the April 1 filing date. What start date can I request for my H1b employment? For a new H1B application, you cannot request a start date earlier than October 1 of the same year. For example, if you apply on April 1, your start date cannot be earlier than October 1 of the same year, unless your position is not cap-subject. Likewise, if you apply on July 1, your start date cannot be any earlier than October 1. You can also not request a start date more than 6 months in advance. This means that if you file an application on June 1, you cannot request a start date any later than December 1. However, you could request a start-date anytime between October 1 and December 1 if you were to file on June 1. Likewise, if you file an application after October 1, you can request a start date almost immediately.
I don't have a bachelor's degree. How can I still qualify? In certain circumstances, experience can be substituted for education. 3 years of experience in the particular occupation equal 1 year of education. Therefore, in certain cases, 12 years of experience could be deemed equivalent to a bachelor's degree for H1b visa purposes. A common scenario is where an applicant has only 2 or 3 years of education and 3 to 6+ years of experience. In those situations, it it is possible to have the education and experience combined to give the applicant the equivalent of a bachelor's degree.
My bachelor's degree is unrelated to the occupation? In such a scenario it is important to speak with an experienced H1b visa lawyer to determine if this is in fact the case. A good H1b visa lawyer may be able to find the proper connection by evaluating the specific courses you took and your work experience. By focusing on specific courses and your work experience, it may be possible to obtain an evaluation equating your education and work experience (or just education) to the equivalent of a certain degree.
What are some common H1B visa occupations? Remember the rules above in regard to what qualifies a position for the H1b Visa status. There are too many occupations that may qualify to list here, but the following should give you a general idea: architects; engineers; professors; teachers; lawyers/attorneys; other related legal positions; programmers; computer systems analysts; database administrators; computer-related occupations; accountants; financial analysts; budget analysts; economists; management consultants; public relations and communication specialists; doctors; dentists; physical therapists; dietitians; medicine and health related occupations; writers; editors; artists of varying types; librarians; archivists; marketing and advertising positions; social workers...and the list goes on! It is impossible to list each and every possible occupation or job that may qualify for an H1B visa, so please don't panic if you don't see yours here. Just contact us!
How do I determine the H1B prevailing wage for my position? As part of our service, we determine what the H1B prevailing wage will be for your position. There are two ways to determine the prevailing wage: 1) Submit a prevailing wage request with the U.S. Department of Labor; OR 2) Classify the position ourselves and find the position online on the U.S. Department of Labor's website. Option 2) is the preferred method. For some positions we're able to give clients an idea of the approximate prevailing wage even before we begin processing the case, but for other clients, where the position or occupation is less clear at the outset, we can only determine the prevailing wage after analyzing additional information related to the employer and the position. How much visa H1B experience do you have? From first contact, you'll have complete confidence that you are dealing with an experienced H1B Visa Attorney with strong H1 visa knowledge and experience. In fact, while Lightman Law Firm is experienced in many areas of immigration law, H-1B visas are among our most common and sought after services. We work with employees and employers in a wide range of professional fields, and with foreign nationals from across the United States and the world. Due to our experience in the field, we were recently asked to contribute our thoughts on the H-1B visa program and its impact on IT solution providers. See the following link for access to this article: H-1B Jobs: IT Solution Providers at a Disadvantage.
I don't live in New York. Can you still work with me? Absolutely. We work with foreign nationals and employers from all across the U.S. and throughout the world. Whether we meet in person, over the phone, or using the internet, our strong communication will be an asset to your case.
How long does the process take? Much of this depends on how long it takes our clients to gather the information required to submit an application. Typically, from the moment that the all the materials have been provided, an application can be submitted within approximately 7 days. The 7 day delay is largely due to the time it takes to receive the certification of the Labor Condition Application (LCA) from the Department of Labor (DOL), as an H1b visa application must be submitted with a certified LCA. Approval time then depends on USCIS and the method of processing. If the application is submitted via regular processing, it can typically take anywhere from approximately a few weeks to a couple of months. If the application is submitted via premium processing, it can take up to 15 calendar days.
What type of information and documents do you need from me and my employer to prepare the application? Generally speaking, information required for the proper preparation of the H1b visa application can be broken up into 3 parts: employer; position; and foreign national. We will need to discuss and document each of those items in detail. For a more indepth overview of what type of information and documents you should be prepared to provide, please see the following video:
What are the USCIS filing fees for the H1b application? The filing fees range from a total of $825 or $1,575 for some types of organizations to $2,325 for other types of organizations. Premium processing, which guarantees a response within 15 calendar days, costs an extra $1,225.
How do I know how much the fees are for my application? The fees consist of the following: a) $325 petition fee; b) $500 fraud fee; and c) $750 or $1,500 ACWIA fee. If your employer employs 25 or less employees, the total fees are $1,575 (ACWIA fee of only $750) whereas if your employer employs 26 employees or more the total fee is $2,325. However, some employers are exempt entirely from the $750 or $1,500 ACWIA fee and therefore only pay total filing fees of $820. These employers are as follows: primary or secondary education institutions; an institution of higher education; a nonprofit entity related to or affiliated with an institution of higher education; a nonprofit research organization; or a governmental research organization.
Who can pay the USCIS filing fees? The foreign national or employer can pay the $325 petition fee, the $500 fraud fee, and the $1,225 premium processing fee. However, the employer must pay the $750 or $1,500 ACWIA fee. If the foreign national pays the $500 fraud fee, the amount will be deducted from the total wage paid to him/her in the H1B status when determining whether he/she has been paid the minimum prevailing wage. What are the H1B Lawyer legal fees for H1B representation? Give us a call and we will be happy to discuss our fees with you. Rest easy, Lightman Law Firm prides itself in offering the highest level of service at an affordable FLAT rate. You will never experience any pressure or obligation to work with us.
Put our H1B Visa Attorney experience to work for you.
For a FREE no obligation consultation, contact us:
* 212-643-0985 * 800-673-1120 *
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Did You Know?
Some Interesting H1B Visa Facts that May Help You:
H1B Visa Qualification Tip
For Visa H1B qualification, 3 years of job experience equals 1 year of university level coursework studies. Therefore if you have a 2 year degree and 6 years of job experience you may, by combining the work experience and 2-year degree, have the equivalent of a bachelor's degree in a certain field.
Full-time or Part-time for H1 Status
You may apply for an H1 visa for a full-time position or a part-time position.
Multiple H1B Visas - Concurrent Employment
You can apply for more than one H1 Visa. You can work for more than one U.S. employer, but you must have separate approved applications for each employer.
H1B Visa Transfer
You can transfer your H1B Visa from one employer to another. There is no limit on the number of H1 transfer applications that can be filed. When you file an H1B transfer application from one employer to another, you are legally authorized to work for the new employer in the H1 status upon receipt of the H-1b Visa transfer application.
H1B Holder's Spouse & Children
An H1B visa holder’s spouse and children can apply for H4 visas based on their relationship to the H-1B holder. H4 visa holders cannot work in the U.S., but they can go to school and they are in legal status while in the U.S.
Previously being subject to the H1B Cap
If you have previously applied for and received an H1b visa within the past 6 years and it was subject to the H1 cap you may not be subject again to the H1B cap. This matter should be discussed with your immigration attorney as you may be eligible and it may be advantageous to you to subject yourself to the cap, if possible.
Duration of the H 1 Visa - 6 years max (with exceptions)
You can apply for an H 1 visa for an initial period of 3 years. Thereafter you can extend the H 1 visa for an additional 3 years for a max period of 6 years. Any time spent in the L-1 visa status will be counted towards the 6 year total. If you are outside of the U.S. for more than 1 year, you will be eligible for a whole new 6 years of H 1 status.
Exceptions to the 6 year max duration
There are two scenarios where an visa H1b holder can extend his/her period of H 1b visa status beyond the max 6 year limit. The first scenario is if you have filed either a Labor Certification application (PERM) or an I-140 petition 365 days before the expiration of the six-year limitation and the Labor Certification or I-140 petition is still pending. Under this scenario you can request extensions of up to 1 year until the resolution of the immigration process. The other scenario, which doesn't require a 365 day requirement, is where you have an approved I-140 petition and the immigrant visa number is not available due to visa retrogression. In this circumstance, you may extend your H 1b visa at 3 year intervals.
Alternatives to the H-1B Visa
The H1B visa can oftentimes be too restrictive for a potential beneficiary or employer as a result of the limited duration (6 years) or the strict start-date on cap subject applications (no earlier than Oct. 1) or even the lack of availability. As a result, you may want to consider some of the following common alternatives: TN Visa for Canadian and Mexican nationals; the L-1 visa for intracompany transferees; the O-1 visa for extraordinary individuals; or the E-3 visa for Australians. Other visas that may be suitable, depending on the nature of the situation, are the J-1 visa, the E-1 treaty trader visa, or the E-2 treaty investor visa.
From F1 OPT to H1B - Optional Practical Training & the "H1B Cap Gap"
The "H1B cap gap" refers to a situation where a gap exists between the expiration of your F-1 OPT status and the beginning date for an approved H1b status. In such a situation, USCIS has stated that it will allow you to bridge the gap between the expiration of your F-1 OPT status and the beginning date of your H1b status. However, theonly circumstance where the F1 OPT to H1B cap gap will work is if your OPT expires on or after April 1 and before October 1 and you request an H1B start date of October 1. Of course it's important to note that you must file your H1b application on or after April 1 and before the expiration of your OPT status. This matter should be discussed with your H1b visa lawyer.
Size of Employer
An H1b petitioning employer can be of any size. We have successfully obtained H1b approvals for companies with 1,000s of employees just as we have obtained successful approvals for company's with as few as 1, 2 or 3 employees. What is important is that the company is a legit operation and that they have a need for an individual of a certain occupation.
Douglas M. Lightman, the principal and founding lawyer of Lightman Law Firm, is a proud member of the Bar of the State of New York and the American Immigration Lawyers Association (AILA).
In addition, Mr. Lightman, has been listed as an immigration lawyer on the websites of both the British Consulate General at New York and the Consulate General of Canada in New York.
For more information about the firm and Mr. Lightman, please see: ABOUT US.
With our experience, the process is step-by-step. We listen. We address your concerns. We help you gather the required information and documentation. And then we carefully prepare all letters and forms needed to obtain your H1B. We'll communicate with you (the employee & the employer) throughout the process, and with both the Department of Labor (DOL) and USCIS while the application is being processed.
