H-1B Visa Lawyer

H-1B Cap-Subject Visa Attorney

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.

What is an H-1B Visa?

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. 

Do You Need an H-1B Visa Attorney?

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.

How Do You Find the Right H-1B Visa Lawyer?

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:

• Expertise and experience with immigration law
• Is a member of the AILA (American Immigration Lawyers Association)
• Ability to provide personalized advice and guidance
• A strong track record of successful applications
• Knowledgeable staff who are available to answer questions
• Clear communication style that makes understanding complex legal matters easier
• Dedication and commitment throughout the entire process

What Can An Immigration Lawyer Do?

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:

• Determine eligibility for the visa by examining your qualifications, education, work experience, and other relevant factors.
• Initial filings of H-1B applications with the United States Citizenship and Immigration Services (USCIS), as well as H-1B extension for employees. We can also assist with preparing all the necessary supporting documents and ensure everything is in order before submitting the petition.
• 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.
• Providing ongoing legal support. Once you obtain your H-1B visa, your lawyer can continue to provide legal support and guidance throughout your stay in the US, including assisting with visa extensions and green card applications.

What Are the Legal Fees For Our Services?

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.

What Are The Requirements for Obtaining an H-1B Visa?

Employee Requirements

• To demonstrate possession of a US bachelor’s degree; foreign college/university degree equivalent to a US bachelor’s or higher degree, or equivalent expertise in the related field.
• Have a legitimate employment offer from a US employer for a position that demands specialized knowledge. It is required that the offered position be classified as a “specialty occupation.”
• If the foreign worker has been employed in the US and is no longer employed, for whatever reason, a new employer must timely file an H-1B transfer application within the 60 consecutive calendar days day grace period. If the foreign worker or a prospective employer has any questions about the 60-day grace period rule, they should contact an immigration lawyer as soon as possible to ensure preservation of the current H-1B status.

Employer Requirements

To hire qualified foreign workers on an H-1B visa, the employer must:

• Possess a valid EIN (employer identification number) issued by IRS..
• Pay the prevailing wage as determined by the DOL or actual wage, whichever is higher.  
• Not commit acts of discrimination in the hiring practice. The employer may decline to employ any worker who is not legally eligible to work. Written offers should be contingent upon proof of eligibility to work for any employer in the US.
• Make Four Attestations to the US Department of Labor through the Labor Condition Application (LCA). The LCA is a prerequisite requirement for the H-1B petition to be approved.
• The Attestations are:
  • Wages and Benefits: The worker will be paid the actual wage level paid by the organization to other employees with similar qualifications and experience for that specific job or the prevailing wage for the occupational classification in the area of employment. In addition, the worker will be paid the required wage for any time he or she is in nonproductive status due to the decision of the employer. The employer must further attest that the worker will be given the same benefits offered to U.S. workers.
  • Working Conditions: The worker will work under the same working conditions as U.S. workers. At the same time, hiring a foreign employee must not adversely affect the present working conditions of other employees currently working there.
  • Work Stoppage, Lockout, or Strike: There is no ongoing lockout, strike, or any other stoppage at the location of employment.
  • Notice of Intent: It is public knowledge that the employer plans to hire a new foreign employee. The current employees in the job location where the foreign worker is to be employed have been provided with the notice of the LCA filing, and the union or bargaining representative (if any) has also been duly notified.
  • The LCA must be posted in at least two conspicuous locations where the foreign worker will be employed or distributed to the current employees through electronic notification for a period of at least ten business days.

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.

What is the H-1B Visa Process?

The H-1B visa process involves several steps, including:

• Obtaining the necessary documentation and paperwork to meet the eligibility requirements
• Undergoing a Labor Condition Application process
• Submitting an initial application to the USCIS
• Waiting for USCIS decision.
• Appearing for a US visa stamp if the employee is outside the U.S.
• Receiving the approved visa and entering the US as a foreign worker.
• If the employee is in the U.S., they can start working upon approval of the H-1B application or receipt of the case by USCIS.

What is the H-1B Cap?

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:

• 65,000 H-1B visa regular cap.
• 20,000 H-1B visa reserved for foreign nationals who have earned a master’s degree or higher from an accredited US university which is known as the “Master’s Cap.”.

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.

When Can a Foreign Worker Who Has Received an H-1B Approval for the First Time Join an Employer?

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.

Can an H-1B worker Bring Their Family with Them to the US?

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.

Can H-1B Visa Holders Change their Employer While in the US?

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.

Who Pays for the H-1B Application Fees and Attorney Legal Fees?

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.

Experts in Immigration Law: Bashyam Global

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.

HEAR IT FROM OUR CLIENTS

“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