H-1B Visas
“The Right Immigration Attorney Makes All The Difference”
H-1B (Specialty Occupations)
The H-1B visa category applies to foreign nationals employed in specialty occupations that involve theoretical and practical application of highly specialized knowledge and which require a four year bachelor’s degree or its equivalent in work experience. A college degree alone does not qualify a foreign national as a specialty worker; the job must require a degree related to the foreign national’s particular field and the college degree that the foreign national earned must be a normal requirement for comparable jobs in the industry and with the prospective employer. May Law Group, LLC, has a very high approval rate for H-1B visas.*
An employer must file a labor condition application with the Department of Labor before the employer can apply for an H-1B visa with the U.S Citizenship and Immigration Services. The prospective employer must post a notice of filing the application in two conspicuous locations at the employment site for a period of at least ten business days. If an employer meets the requirements for an extension, the H-1B visa holder is allowed a maximum six-year stay in the United States. A seventh year is available under certain circumstances. These circumstances are: a labor certification for the applicant has been pending for over one year or an I-140, Alien Worker Petition, has been approved, but per country limitations on visas do not permit the filing of an adjustment of status application. May Law Group has successfully filed for seventh year extensions of H-1B visas numerous times. Eligible H-1B time not initially granted or spent outside of the United States may also be recaptured by H-1B visa holders through the filing of a recapture petition.
The H-1B cap coincides with the government’s fiscal year, which extends from October 1st, of each year to September 30th, of the next year. The lottery for the H-1B cap opens in March and remains open for roughly two weeks. During that time employers must register their desired employees. By April 1st the lottery is completed and those whose registration was selected are able to proceed with filing their H-1B requests. Be aware that submitting multiple registrations can lead to a denial of the registration.
However, certain H-1B applications are cap exempt. These cap exempt H-1Bs include H-1Bs who work for universities, governmental nonprofit research organizations, or their affiliates. H-1B renewals are also cap exempt. A foreign national who holds an H-1B visa can work for a new employer as soon as the new employer files a “nonfrivolous” application with the U.S. Citizenship and Immigration Services.
Contact an Immigration Lawyer in Pittsburgh or Philadelphia, Pennsylvania, New York
To speak to an immigration attorney about your immigration goals, including obtaining a work visa in Pittsburgh, Philadelphia, Pennsylvania, West Virginia, Ohio, New York, New Jersey, Atlanta, Virginia or anywhere in the United States, we welcome you to contact us online or call 412-291-4400 (Pittsburgh) | 215-880-4977 (Philadelphia) | 347-839-1700 (New York City). Free consultations are available. We represent clients throughout the United States, including Pittsburgh and Philadelphia, Pennsylvania, West Virginia, Western Pennsylvania, Eastern Ohio, Allegheny County, Philadelphia County and worldwide in Korea, Africa, India, and Pakistan.
*Past results cannot predict future results due to variations in the fact patterns of cases.