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Dunlap Bennett & Ludwig's H-1B visa lawyers are highly skilled in helping IT consultants, biotechnology companies, and a host of other technical specialties with H-1B visa needs to get foreign workers on the job quickly. Our immigration attorneys consult with both employers and employees on H-1B visa applications and processes. The H-1B immigration application process opens on March 9, 2021 and there is a hard cap on the number of applications (with certain exceptions, see below).  The Biden administration has relaxed many of the requirements on H-1B visas.

Visit immigration lawyer Gerald LeMelle's recently published article 2021:Update on H-1B Visas: What You Need to Do Now (JD Supra) to learn more about the new process. Fill out a contact form or call now to get started on an H-1B visa application immediately and learn more about the sweeping changes to the H-1B Visa program.

The H-1B Visa Explained

The H-1B visa allows employers to hire foreign professionals in certain specialty occupations to work in the United States temporarily. Typically these are highly technically skilled persons with at least a bachelor's degree.  This is the most common type of visa relied on by employers in high technology, cybertechnology, and biotechnology immigration.

To be eligible for the H-1B visa, the U.S. employer and foreign employee must follow the USCIS regulations, including compliance with the Department of Labor standards. The compliance includes filing a Labor Condition Application (LCA).  Dunlap Bennett & Ludwig's H-1B visa lawyer, Gerald Lemelle, has been successfully handling H1-B visas for more than a quarter-century with a high success rate. The changes to immigration and the H-1B program for 2021 are dramatic and provide much-needed hope for employers seeking to bolster their teams with foreign talent.

The H-1B application process opens on March 9, 2021, and has a very short window.  By completing our contact form, we can get the H1-B visa petition filed immediately.  For more about the H1-B, watch the video on this page or read more below.


The H-1B Visa Process Explained

  1. Employer: The U.S. employer seeking to hire a foreign employee is the sponsor. The sponsor must seek approval of a Labor Condition Application (Form ETA-9035) from the U.S. Department of Labor through the iCert Portal. Once the LCA is approved, the employer then files a Form I-129 (Petition for a Nonimmigrant Worker) with the H Classification.
  2. The foreign worker is the "petitioner." The attorney files a form G-28 to appear as counsel. The petitioner may request Premium Processing by filing a form I-907 (after Form I-129 is filed).  The H-1B Data Collection and Filing Fee Supplement must be completed and the fees paid.

Once the petition is filed, the USCIS approves must approve the employer's H-1B petition filed.  Unless they are already present in the United States, the foreign worker seeking the H-1B visa must then visit a U.S. embassy abroad.  The H-1B visa is grant lasts for a period of three years initially; however, it may be extended for up to a total of six years. There are even exceptions to allow more extended periods for certain professions under the American Competitiveness in the Twenty-First Century Act (AC21) in sections 104(c) and 106(a).

H-1B Visa Requirements Explained

There are position and education requirements. The position must be a "specialty occupation" requiring a bachelor's degree or other advanced education certification levels. The types of roles for H-1B visa applicants usually include attorneys, researchers, data programmers, engineers, architects, professors, medical personnel, doctors, and accountants.  The bachelor's degree required by the H-1B visa must come from an accredited college or university and relate to the H-1B specialty position.

The USCIS (United States Customs and Immigration Service) is a division of the Department of Homeland Security.  The USCIS has a detailed list of additional requirements that our immigration legal team can ensure your company has met.  These requirements include the following:

  • A positive Prevailing Wage Determination that the wage being paid to the foreign worked is at least the wage paid to other U.S. employees in similar fields.
  • That the employment of the foreign professional will not affect U.S. working conditions in similar fields.
  • The employer must post a notice at the workplace of filing for the H-1B.

Why You Need to Act Now: The H-1B Limit

The number of H-1B visa application approval are limited on an annual basis to 65,000 visas. However, applicants with a U.S. master's degree or higher education may be exempt from the annual cap if their applications are filed early. Similarly, H-1B university or higher education workers are also exempt from the H-1B cap, as are nonprofits and government research organizations.

Fill out our contact form or call our national toll-free number 1-800-747-9354.

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