Malden H-1B Visa Attorneys
H-1B Visas for Specialty Occupations
People with job offers for a job that requires a bachelor’s degree (typically a 4-year degree) and specialized skills can apply for an H-1B visa. To make sure the workers are protected and to make sure the American job market remains healthy, the company must pay the "prevailing wage" for that position in the same area. For example, a Boston computer programmer needing an H-1B visa would need to be paid the prevailing wage for a computer programmer or what the company pays other computer programmers in the same position, whichever is higher.
If you need help with an H-1B visa as an employee or employer, The Law Offices of Jamie H. Gorton can offer experienced guidance and representation. Results-driven and knowledgeable, our attorneys know what it takes to persevere in these complex immigration cases. From our office in Malden, Massachusetts, we serve clients in Medford, North Boston, Everett, and the surrounding areas.
How Do I Get an H-1B Visa?
You will need a job offer from a company willing to apply for your visa, and that job offer must be for a specialty occupation. But, depending on the nature of your employer, you may be subjected to the annual limit of H-1Bs given every year. For example, the limit in 2018 was 65,000 visas, and 199,000 applications were filed. So, many applicants require both a job offer and a little bit of luck. Applicants may need luck because USICS conducts a random lottery to pick out the cases they will adjudicate that year.
There are exceptions:
- Certain applicants who have masters’ degrees get preferential treatment during the lottery, as a number of H-1B visas are reserved for people with masters’ degrees.
- Some employers, for example places of higher education, non-profit research, or government agencies, are not subject to the annual cap and do not need to be entered in the lottery.
What if My H-1B Application Isn't Selected in the Lottery?
If you do not get a number in the lottery, your application will be returned to the company (or the company's immigration attorney).
When Can I Apply for an H-1B Visa?
Most applicants need to wait until the annual H-1B application season, which is conducted in the first week of April. USCIS will perform the lottery shortly thereafter. If your employer is not cap-subject, you do not need to wait for the lottery and can apply at any time.
Will My H-1B Visa Help Me Get a Green Card?
An H-1B visa on its own will not turn into a green card; instead, a company must file for employment-based immigration benefits for you. But, an H-1B visa will not stop you from using the adjustment of status process to help you get your residency without leaving the U.S., if the employment-based immigration visa is approved.
How Can a Malden Immigration Lawyer Help Me?
The H-1B process has several different steps, and an adept immigration lawyer can navigate your case through the different government agencies that process the H-1B specialty occupation visa.
These steps include:
- Reviewing the job description to determine how to classify the job and the prevailing wage.
- Filing an application for a Labor Conditions Application (LCA)
- Sending detailed job description letters, supporting evidence, the approved LCA, and other required materials to USCIS for their review or for their processing in the H-1B lottery.
- Notifying you of USCIS’s decision on the case, as soon as it is received.
Our Malden H-1B visa attorneys assist such representative specialty occupations as:
- Acoustic engineer
- Computer programmer
- Database architect
- Drafting assistant
- Graphic designer
Let's Start Planning for the H-1B Application Season
Special for Human Resource managers: Mention this special offer and get a free consultation to learn more about your business, labor needs, and your desired employee/s.
Offer for Future Employees: Get started today by scheduling your immigration consultation with our attorneys. You can pick the day and time you want to meet.