H-1B Professional Workers

The H-1B visa is the visa most companies use to hire foreign professional workers.  In sponsoring for the H-1B visa, the job must be professional in nature, meaning the duties of the position are so specialized in nature that an individual must possess at least a Bachelor’s (or equivalent) degree in the field or a related field.  There is an annual cap on H-1B visas.

See H-1B, Temporary Worker Visa, Outline

There are also significant legal compliance issues that companies need to know about the H-1B visa, including site visits by USCIS officials, Public Access Files and other requirements.  We can help companies with:

• Initial filings of H-1B applications, as well as H-1B extension for employees.
• H-1B transfer for future employees.
• Strategy and responses to USCIS Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs).
• Labor Condition Application (LCA) and Public Access File compliance.
• USCIS site visit compliance.
• Determining how corporate restructuring impacts current H-1B employees.
• H-1B visa stamping advice.
• Strategy on issues involving Specialty Occupations, Level 1 prevailing wages and other current H-1B issues.
• General H-1B strategy for companies and employees.

Spouses and children (under 21) of individuals who hold valid H-1B professional worker status are eligible for H-4 dependent status.  If the spouse holding H-1B status has an approved I-140 Immigrant Petition for Alien Worker, a spouse in H-4 dependent status can also obtain work authorization (EAD). 

If you are interested in obtaining H-1B status, sponsoring an employee for H-1B status, or obtaining an H-4/EAD, please contact us to speak with one of our business immigration attorneys.