H-1B Visa Lawyers
Chicago and Dallas Immigration Attorneys for Skilled Professionals
Are you a foreign national with a professional degree? If you have the required education and training, an H-1B visa may enable you to live and work temporarily in the United States.
Call our H-1B visa lawyers in Chicago or Dallas for a consultation. We’ll discuss your immigration options, help you gather the necessary documents, and assist you in preparing for your journey.
With more than 30 years of experience, Khalaf & Abuzir, LLC has helped thousands of immigrants with professional degrees secure lawful employment in the United States. When you hire our law firm, we will:
- Confirm that you and your sponsoring employer meet all USCIS eligibility requirements.
- Guide your employer through the USCIS registration process for H-1B selection.
- Assist your employer with the Labor Condition Application (LCA) and the I-129 nonimmigrant petition.
- Help you apply for your H-1B visa, maintain status, file extensions, or pursue permanent residency.
- Prepare you for interviews, requests for evidence (RFEs), and consular processing steps.
Want to discuss your immigration options? In Chicago, call (708) 233-1122 or call (972) 561-0343 in Dallas.
We Can Help with the H-1B Process for Professional Degree Holders
The H-1B visa process is complex and highly time-sensitive. Missing even small details can lead to delays or denials. Our immigration lawyers help employers and professionals submit accurate applications that comply with USCIS requirements.
Below is an overview of the typical H-1B process for professional degree holders:
Employer Sponsorship
An H-1B visa always begins with a U.S. employer. The employer must:
- Submit an LCA to the Department of Labor attesting that you will receive fair wages and safe working conditions.
- File Form I-129, the Petition for a Nonimmigrant Worker, with USCIS.
- Provide supporting evidence, including proof of job duties, minimum education requirements, and your qualifications.
USCIS Petition Review
USCIS reviews the employer’s petition to determine eligibility. If approved, you may proceed with the next phase.
Consular Processing or Change of Status
Your next step depends on whether you are inside or outside the United States:
- Outside the U.S.: You will complete consular processing at a U.S. embassy or consulate.
- Inside the U.S.: You can request a change of status after your employer files the H-1B petition.
Entry or Change of Status
Once approved, you may enter the United States or begin working for your sponsoring employer under H-1B status.
Who Qualifies for an H-1B Visa?
To qualify for an H-1B visa, you must meet specific USCIS requirements that show you are eligible to work in a specialty occupation. Both the employer and the foreign worker must demonstrate several key elements.
Worker Eligibility Requirements
To qualify as an H-1B beneficiary, you must meet at least one of the following criteria:
- You have a bachelor’s degree or higher in a field that is directly related to the offered position.
- You have a foreign degree that is equivalent to a U.S. bachelor’s degree or higher, supported by a credential evaluation.
- You have specialized training or progressive work experience that can substitute for formal education, if it meets USCIS equivalency guidelines.
- You hold professional licensing or certification when required by the occupation, such as for engineers, teachers, architects, or healthcare professionals.
USCIS will also review your background to confirm that your education and experience match the job duties listed in the employer’s petition.
Employer Eligibility Requirements
The employer must also meet certain qualifications. These include:
- Having a valid job offer for a specialty occupation.
- Demonstrating the ability to pay the required wage.
- Filing a Labor Condition Application (LCA) with the U.S. Department of Labor.
- Creating and maintaining a Public Access File (PAF) that contains required wage and compliance information.
- Showing an employer-employee relationship, including the ability to hire, supervise, pay, and terminate the worker.
Employers must comply with all U.S. immigration and labor regulations throughout the duration of the H-1B worker’s employment. Our attorneys help businesses meet these requirements and stay compliant.
What Is a Specialty Occupation?
H-1B visas are reserved for specialty occupations. USCIS defines a specialty occupation as a position that requires the application of specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent in a related field.
Specialty Occupation Criteria
A position may qualify as a specialty occupation if:
- A bachelor’s degree or higher is normally required for entry into the role.
- The degree requirement is common in the industry, or the job is so complex or unique that it can only be performed by someone with specialized education.
- The employer normally requires a degree for the position.
- The duties of the role are specialized and complex enough to require knowledge, usually gained through a specific degree program.
Our attorneys work with employers to document the nature of the job and explain how it meets these criteria.
Examples of Specialty Occupations
Many professional roles qualify as specialty occupations. Common H-1B eligible fields include:
- Software developers and computer programmers
- Engineers, including mechanical, electrical, civil, and aerospace
- Financial and business analysts
- Accountants and auditors
- Medical technologists and other allied health professionals
- Teachers, professors, and researchers
- Architects and designers
- Data scientists and statisticians
- Marketing and market research specialists
- Scientists in biology, chemistry, and environmental fields
If you are unsure whether your job qualifies, our lawyers can evaluate the position, review the job duties, and help determine whether it fits USCIS criteria.
What Are Some Challenges for Professional Degree Immigrants?
Immigrants with professional degrees often face challenges both before and after securing an H-1B visa. You can encounter hurdles like credential recognition, language proficiency requirements, and limited professional networks. Additionally, cultural differences and unfamiliarity with local work practices can impede your integration once you have arrived in the U.S.
Credential Recognition
Foreign degrees must meet U.S. equivalency standards. Some applicants need education evaluations or additional coursework to prove qualification for specialty occupations.
Language and Workplace Integration
Language proficiency, communication expectations, and unfamiliar workplace practices can affect job performance and advancement.
Limited Professional Networks
Newcomers often lack established connections, which can limit career opportunities and mentorship.
Visa-Related Barriers
Workers may face issues such as:
- Difficulty securing an employer willing to sponsor.
- Delays caused by RFEs or denials.
- Challenges in seeking promotions or transfers due to visa restrictions.
- Complications if pursuing permanent residency through employer sponsorship.
Staying informed about the latest USCIS policies helps reduce these risks. Our attorneys monitor regulatory changes and guide clients throughout the process.
Current Immigration Policies in the U.S. for H-1B Visas
H-1B visa policies change frequently. Key considerations include:
- A lottery system due to the annual cap.
- A registration period where employers submit beneficiary information before filing petitions.
- Wage-based criteria and efforts to prioritize highly skilled workers.
- Ongoing updates from USCIS and the Department of Homeland Security.
Our attorneys ensure that you remain compliant with all current regulations and requirements.
Caps for H-1B Visas
The United States limits the number of H-1B visas available each fiscal year:
- 65,000 standard H-1B visas for qualifying applicants.
- 20,000 additional visas reserved for individuals with advanced degrees from U.S. institutions.
When applications exceed these limits, USCIS conducts a random lottery to select registrants who may proceed. Because demand is high, many qualified applicants are not selected. Working with an immigration lawyer can help ensure that your application is prepared correctly and submitted promptly.
What Are the Benefits of an H-1B Visa?
The H-1B visa, also referred to as the “H-Professional Degree Visa,” offers several benefits for qualified individuals seeking employment in the United States. Some advantages to this type of visa include:
- Employment Opportunities: If you have specialized knowledge or professional skills, this visa allows you to work for U.S. employers, fostering career growth in various industries, such as technology, finance, healthcare, and more.
- Long-Term Stay: Initially granted for up to three years and extendable to a total of six years, the H-1B visa permits you to work and contribute within the U.S. for a substantial period.
- Pathway to Permanent Residency: If you hold an H-1B, you may seek permanent residency (a green card) through employer sponsorship during your stay, providing a route to establish permanent ties in the country.
- Dependents’ Benefits: Your immediate family members (spouse and children under 21) can accompany you under the H-4 visa category. This allows your dependents to study or work part-time in the U.S.
- Portability: You can change employers once a new employer files a petition on your behalf, facilitating flexibility and job mobility within the visa regulations.
- Dual Intent: Under the H-1B visa, you can pursue a green card without jeopardizing your visa status, allowing you to concurrently seek permanent residency while working in the U.S.
These benefits make the H-1B visa an attractive option for skilled professionals seeking employment opportunities and long-term or permanent residency in the United States.
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How Long Can an H-1B Worker Stay in the United States?
H-1B workers can typically stay in the United States for an initial period of three years. Extensions can bring the total to six years. After six years, you must leave the country for at least one year before applying again, unless:
- You have an approved I-140 immigrant petition.
- Your green card application is pending under certain provisions.
- You qualify for extensions based on specific U.S. immigration regulations.
Our attorneys evaluate each case to determine whether you qualify for additional time in the United States.
FAQs About the H-1B Visa
How Can an H-1B Worker Change Employers?
To change employers, H-1B workers need the new employer to file a I-129 petition with the USCIS. Once the petition is approved, the worker can start working for the new employer. However, he or she can’t begin working for the new employer until the USCIS receives the petition, unless he or she transfers from another H-1B employer.
Are There Any Minimum Wage Requirements for H-1B Workers?
Yes. Employers must pay the higher of the actual wage for similar employees in the company or the prevailing wage for the position in the geographic area. This protects both U.S. workers and H-1B employees.
What Is the Cap on the Number of H-1B Visas Issued in the United States?
The standard cap is 65,000 visas, with an additional 20,000 visas set aside for individuals who have earned advanced degrees from U.S. universities. The cap is subject to change based on government policies, exemptions, or agreements between countries impacting the visa allocation.