H-1B Visa Immigration Lawyer
Member of the American Immigration Lawyers Association (AILA)
• Are you a professional holding a Bachelor's degree or higher, a researcher, professor or medical doctor and you need an H-1B visa to work in the United States?
• Are you an employer who wants to hire a foreign national with unique skills for a specialty occupation?
If so, please contact Philip Eichorn, Co., LPA in Cleveland for a free consultation. Attorney Eichorn is an experienced immigration lawyer, dedicated to serving the needs of foreign nationals and their families.
Dedicated, Experienced, Client-Focused
E-mail or Call 866-868-6644 Today • Free Initial Consultation
H-1B visas are nonimmigrant visas that allow employers to hire foreign nationals in specialty occupations. Specialty occupations are those requiring a theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts. The foreign worker must possess at least a Bachelor's degree or its equivalent and state licensure, if required to practice in that field. If you would like to obtain an H-1B visa for yourself or for an employee, you need the advice and legal assistance of an experienced immigration lawyer. These specialty occupation visas are in high-demand and, dependent on the type employer, are available in only a limited number.
Cap-subject H-1B Visas
Foreign nationals with Bachelor's degrees or higher intending to work at for-profit companies are currently subject to a cap of 65,000 visas per fiscal year. There are an additional 20,000 visas available for foreign nationals holding a Master's Degree or higher from a United States academic institution. Due to the limited number of visas available, all cap-subject H-1B cases are placed into a random lottery by USCIS for selection and processing. Not all "cap-subject" H-1B applications are selected, but our firm can ensure that your application is filed timely and accurately.
Cap-exempt H-1B visas
Based on individual qualifications and the characteristics of the petitioning employer, there are avenues to avoid the cap subject lottery:
• Working for a non-profit entity: If you are employed at a non-profit agency, you may avoid the cap (and the lottery) and have a better chance of receiving the H-1B visa. Call Philip Eichorn, Co., LPA and we'll help you determine if you can avoid the cap.
• Working for an institution of higher education: Foreign nationals who are professors, researchers, assistants or maintain other specialty occupations and who work at colleges and universities are often exempt from the limit (and the lottery).
• Get a Master's Degree or Higher from a United States academic institution: The higher level of your degree, the more valuable you are as an employee because your specialty skills increase. In addition, there are 20,000 visas available each year for foreign nationals with Master's Degrees. As a result, having a Master's degree from a United States academic institution affords you a better chance of receiving an H-1B visa.
Changing jobs on an H-1B visa
Employers hiring a foreign national who is currently in H-1B status must petition for that foreign national prior to the inception of employment. H-1B status is employer specific; thus a foreign national who is currently in H-1B status is only authorized to work for their petitioning company. Employers should contact our firm immediately in order to protect their company from unauthorized employment and to protect their future employee's immigration status.
Foreign nationals should also be aware of issues regarding changing employment. Working for a new company without the filing a new H-1B petition could lead to a determination that he/she is in violation of their visa status and therefore subject themselves to deportation proceedings.
Our firm can help both parties file the necessary paperwork for a new H-1B visa. If you are present in the United States on an H-1B visa and want/need to change jobs, you must contact an experienced immigration lawyer immediately to protect your status in the United States.
Experienced, Client-Focused • Free Initial Consultation
Call 866-868-6644 Today or E-mail.
Extending an H-1B visa
Each H-1B visa is valid for a three year period. An H-1B visa holder can remain in H-1B visa status for a total of 6 years. Therefore, if you are coming to the end of your third year, and you intend to remain in the U.S., you must contact an experienced lawyer to assist you in preparing and filing your H-1B extension.
Under certain circumstances, an H-1B visa holder can extend his or her visa beyond the 6th year. If you are interested in learning more, please e-mail or call us at 866-868-6644.
H-1B visa as path to permanent resident status
The H-1B visa is valuable because it is one of the primary avenues to obtaining permanent resident status through employment. With H-1B visas, you can live, travel and work freely in the United States, but only for six years at a time. If attempting to obtain permanent resident status while on an H-1B visa, the labor certification process must be completed prior to the 5th year anniversary of the H-1B to preserve your right to extensions of status while the adjustment of status is pending.
Please contact Philip Eichorn Co., LPA today. I can help ensure your visa is current and you can remain in the United States until you become a permanent resident, a citizen or you choose to return home.
