H-1B Visa

Summary
Our Services
Success Stories

Summary

The H-1B visa is for aliens who would work in specialty occupations. It is important for the position to require at least a Bachelor’s degree, and that the company requires that position, and that the position, degree, and company are related. The employer must show a need for someone in that specialty occupation position and the potential employee must have the degree that the position requires.

To prove that the employer is in need of a person in this specialty occupation position, one must show that

• A Bachelor’s or higher degree is normally the minimum requirement for entry into the particular position;
• The degree requirement is common in the industry in parallel positions among similar organizations, or the position is so complex or unique that it can be performed only by an individual with a degree;
• The employer normally requires the degree for the position; or
• The nature of the duties is so specialized and complex that at least a Bachelor’s degree is required.

The H-1B can be filed as early as six months before the commencement of employment. The process involves the determination of the prevailing wage of the specific position. A Labor Condition Application (LCA) will then be filed with the Department of Labor (DOL), which shall include the prevailing wage of the position and the area of employment. The LCA holds the employer responsible for paying the prevailing wage, among others. The signed LCA will then be attached to the H-1B filing itself, together with all the necessary documents and fees. 

The H-1B shall be good for three years, which can eventually be extended for another three years. H-1B transfers and amendments are also included in this area.

Our Services:

Our office will review every aspect of your case and prepare all the necessary application documents, forms, briefs, and employment letter. The Labor Condition Application as well as the actual H-1B petition will be filed by our office. Responses to Requests for Evidence are also included in our representation.

H-1B Success Stories (Position – Nationality – Petitioner – Date) 

• Attorney – Taiwanese – Law Firm – January 10, 2011
• Computer Systems Analyst – Mexican – IT Consulting Company  - January 6, 2011
• Graphic Designer – Albanian – Media Design Company – December 10, 2010
• Sales Manager – Kenyan – Manufacturing Company – October 27, 2010
• Doctor – Filipino – Hospital – July 21, 2010
• Hotel General Manager – Pakistani – Hotel – June 25, 2010