In today’s globalized world, the demand for skilled professionals has reached new heights, making the H-1B visa one of the most sought-after pathways for foreign workers to enter the United States. However, the application process can be complex, time-consuming, and riddled with legal jargon that can be difficult to navigate. An experienced immigration lawyer can make all the difference in the H-1B legal process.
The majority of US employers are subject to H-1B Cap restrictions. These restrictions are explained below. Organizations such as institutions of higher education, nonprofit entities related to or affiliated with an institution of higher education, nonprofit research organizations, and governmental research organizations may be deemed as Cap-Exempted by the US government and are not subject to the H-1B Cap restrictions. You should contact a lawyer specializing in H-1B immigration law if you have any questions about which H-1B category your organization falls under.
At Bashyam Global Immigration Law Group, we specialize in helping companies obtain H-1B visas for employees. Our team of experienced attorneys is proud to have decades of combined experience in immigration law. We are here to guide you through every step. Contact our immigration law firm today to learn how we can help make the application process successful for you.
The H-1B is a temporary United States work visa allowing employers to hire foreign nationals. This visa is valid for an initial period of up to three years. It may be extended to a maximum of six, with limited exceptions. To qualify, a foreign national must be coming to the United States temporarily to perform services in a specialty occupation for a US employer. A specialty occupation is generally defined as “one that requires the attainment of at least a bachelor’s degree (or its equivalent, possibly based on education or experience) as a minimum requirement for entry into the occupation.”
H-1B sponsorship is explicitly tied to any sponsoring employer. The employer is labeled the petitioner, petitioning the US government. The foreign national employee is the beneficiary of the visa petition.
An H-1B visa lawyer can help you understand your eligibility, prepare your petition, and provide ongoing legal support to ensure that you comply with all your visa requirements. Additionally, you may encounter any legal challenges during the application process. In that case, an immigration attorney can represent you and advocate on your behalf. Overall, seeking the guidance of an H-1B visa attorney can increase your chances of success and provide you with peace of mind during the H-1B application process.
Finding the right lawyer is an essential step in the application process for obtaining any US work visa. To ensure you find the right fit, look for the following qualities when choosing an H-1B visa attorney:
Our immigration attorneys specialize in H-1B visas. We offer services to help foreign nationals navigate the complex visa application process. Here are some ways we can assist:
The fees for hiring a lawyer will depend on the complexity of your case and the amount of work involved. Generally, lawyers charge an hourly rate for their services. We at Bashyam Global Immigration Law do things a little differently. We charge our client employers one legal fee to handle an H-1B case from the beginning to the submittal of the case to USCIS. This way, you know upfront what legal costs will be involved in handling the H-1B case through submittal. The law firm of Bashyam Global strives to ensure our clients have professional experience throughout the immigration process while keeping their legal fees at a reasonable level.
Since failure to comply with regulations as they relate to employing a worker on an H-1B visa could result in penalties, it is recommended that an employer seek counsel from an employment immigration lawyer before they start the employment process. An experienced employment immigration lawyer can guide an employer through every step of the complex and highly regulated H-1B visa approval process.
The H-1B visa process involves several steps, including:
The US Congress establishes an annual cap or limit on the number of new foreign nationals that can be admitted via the H-1B visa. This is known as the “H-1B cap” or “visa cap.” The majority of US companies are subject to the H-1B cap. The current annual limit is 85,000 foreign workers that can be granted an H-1B visa during the US government’s fiscal year, which starts on October 1 and ends on September 30.
The annual cap breakdown is as follows:
Because of the high number of foreign workers seeking this coveted work visa, every individual is required to be registered with USCIS electronically. Registration usually begins in March of each year. The USCIS sets a deadline for all registrations to be submitted. Once the registration is closed, no more registrations are allowed, so it is extremely important to pay attention to registration open dates. The USCIS will conduct a random lottery to fill the limited number of available H-1B spots for that Cap year from the pool of timely submitted registrants.
Individuals who are selected in the lottery must have their complete H-1B application filed with the USCIS by the set deadline. Usually, this deadline is the end of June.
It is advisable for a company to use an experienced immigration lawyer specializing in H-1Bs to assist in the H-1B registration and the preparation and timely submittal of the H-1B application.
An individual who has an approved H-1B for the first time may only join the employer as an H-1B visa holder on October 1 or later of the year that the H-1B was approved. Individuals who are outside of the US may enter the US on their new H-1B visa only 10 days prior to October 1. Employers who have questions about when an individual can be put on payroll as an H-1B holder should contact their H-1B immigration lawyer.
Yes. Qualified immediate family members, a legally married spouse, and unmarried children under the age of 21 may receive a dependent visa called an H-4 visa. A marriage certificate for the spouse and birth certificate for the child(ren) will be required for proof of dependent family status. Dependents do not have work authorization under H-4 status (in most situations) but can attend US schools. The H-4 visa validation period is the same as the H-1B visa holder. We at Bashyam Global Immigration Law Group understand the importance of getting it right the first time, especially when dealing with family members’ visas. We are very experienced in ensuring that the foreign worker’s dependents visa process goes as seamlessly as possible.
The US government has a portability provision for H-1B holders who are in valid H-1B visa status to change employers. This change in employers is also called transferring employers. Since the H-1B visa is tied to the original employer sponsor, the worker must join another employer who will sponsor their H-1B visa. The new employer must follow all the mandated requirements and application processes to employ the H-1B visa holder. The H-1B transfer process is like applying for the H-1B visa initially. One difference between the initial H-1B visa and the H-1B visa transfer is the lack of a visa cap, and it can be done any time of the year. An employer who is considering sponsorship of an H-1B, who is under another employer’s sponsorship, should seek the assistance of an immigration attorney as soon as possible.
The employer is legally required to pay for application fees as well as all attorney legal fees associated with sponsoring a foreign worker for an H-1B visa. The foreign worker seeking an H-1B visa cannot be financially disadvantaged by the employer deducting the H-1B costs from their pay, reducing their salary, or any other cost-recouping measures. The only exception to this legal requirement is that the employer may require or request the employee to pay a Premium Processing fee. Premium Processing is an optional fee-based service offered by the USCIS which expedites processing time for certain work-based petitions such as an H-1B. While it is permissible for an employer to have the individual pay for the Premium Processing fee, they should carefully consider the pros and cons of passing this cost to the individual. It is important that employers understand their legal responsibilities in paying for H-1 B-associated costs. An employer should seek guidance from an Immigration lawyer who specializes in H-1B visas if they have any questions about their legal responsibilities as it pertains to fee payment.
We provide comprehensive immigration law services to clients from all over the world. Our experienced team of attorneys and advisors specializes in H-1B visa applications, green card petitions, family-based immigration, naturalization, other work visas, and citizenship cases. We also provide representation at USCIS interviews, deportation proceedings, and appeals before the Board of Immigration Appeals.
Our attorneys have a robust understanding of US immigration law and processes, allowing us to provide the best possible service for our clients. We strive to make the immigration process as smooth and efficient for our clients as possible and are committed to providing superior customer service. Contact Bashyam Global LLP to get started.
“With the great support of Murali Bashyam and Deanna Roth, we were able to get our H-1B/H4 visas. One year later, we started the process to obtain permanent residence status, and two months ago, we received our Green Cards. I strongly recommend working with Murali Bashyam and his team; they will help you through the whole process and walk with you from start to finish. Thank you, Murali and Deanna, for your great support.”
Guus and family from Winterville. NC
"With the great support of Murali Bashyam and Deanna Roth, we were able to get our H1B/H4 visas. One year later we started the process to obtain permanent residence status and 2 months ago we received our Green Cards. I strongly recommend working with Murali Bashyam and his team, they will help you through the whole process and walk with you from start to finish. Thank you Murali and Deanna for your great support."