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Philadelphia H-1B Visa Lawyer

H-1B Visas: Foreign National Seeking Employment in Deffered Eastern Pennsylvania, New Jersey, or Delaware

If you are a foreign national seeking employment in a specialty occupation in Eastern Pennsylvania, New Jersey or Delaware, an H-1B visa may be your best option.

To be approved for an H-1B visa, your occupation must involve a theoretical and practical application of highly specialized knowledge, and require a bachelor’s degree or its equivalent in work experience (three years of experience for every one year of school). This degree must be specifically related to your particular field—it should be a normal requirement for comparable jobs in the industry, and with your prospective employer.

The U.S. government sets strict standards for H-1B visa applicants; fortunately, May Law Group, LLC, has one of the highest H-1B approval rates in the industry.* All applications are individually prepared by an attorney, and thoroughly checked for accuracy and full compliance with the law. May Law Group adheres to the highest ethical standards and works in full compliance with all Department of Labor regulations.

*Past results cannot predict future outcomes. There will be variations in the fact patterns from case to case.

Labor Condition Applications (LCAs)

A foreign national seeking an H-1B visa must first file a Labor Condition Application (LCA) with the Department of Labor. Our law firm would file this application on your prospective employer’s behalf; your prospective employer would then post a notice of filing in two conspicuous locations at the employment site for no less than ten business days. The notice declares the employer’s intent to hire H-1B workers, the number of workers the employer is seeking, the wages offered, occupational classification, period of employment, and location at which the H-1B applicants will be employed.

H-1B Caps and Cap Exemptions

The Department of Labor (DOL) gives out 65,000 H-1B visas every fiscal year (October 1st –September 30th), as well as 20,000 H-1B visas to applicants with masters degrees or higher, and these caps may be met very quickly. For example, in 2007 the DOL ran out of visas within two days of the opening of the filing period, which occurs on April 1st of each year. There are some exemptions to this cap, including H-1B applicants who work for a university or governmental nonprofit research organization or its affiliated nonprofits, and H-1B applicants looking to renew their already approved visas, but foreign nationals are advised to prepare and file their applications on April 1st or promptly thereafter.

On the day the DOL meets their cap of 65,000, a lottery is held to give those who filed on the last day visas are available access to the remaining visas. Only applicants who happen to file on that day are eligible, and only a select few will be awarded visas.

PERM Labor Certification

Effective March 28, 2005, all Labor Certifications (LCs, not to be confused with LCAs, or Labor Condition Applications) must be filed through PERM (Program Electronic Review Management). The labor certification process is required for all second and third preference categories. An employer would file an LC to certify with the Department of Labor that a shortage of qualified and available American workers exists for the position an employer is trying to fill, and that the foreign national’s employment will not adversely affect wages or working conditions in the United States.

Under PERM an employer must conduct recruitment during the 30 to 180 day period before they filed their LC. A prevailing wage must be obtained by the employer from the Department of Labor prior to recruitment, and the employer cannot offer less than 95% of this prevailing wage. The employer must keep a copy of all filed LCs for a period of five years. There is no waiting period to re-file a petition that has been denied.

PERM applications may be filed electronically, or by mail. May Law Group files all PERM application electronically, as electronic applications are processed faster. Each application is prepared by an attorney, and thoroughly checked for accuracy and full compliance with the applicable laws. May Law Group is proud to boast a nearly 100 percent success rate with PERM applications.* Our attorneys have years of experience, and an up-to-date understanding of immigration law.

*Past results cannot predict future outcomes. There will be variations in the fact patterns from case to case.

Contacting an Immigration Lawyer in Eastern Pennsylvania, New Jersey, or Delaware

To speak to an H-1B visa attorney about your immigration goals, including obtaining a work visa in Eastern Pennsylvania, New Jersey, Delaware, or elsewhere in the United States, we welcome you to contact a PERM labor certification attorney online, or by phone at 215-880-4977. May Law Group offers free consultations to foreign nationals seeking to obtain work visas. We have represented clients from Korea, Europe, India, Pakistan, and most other parts of the world, from our Pittsburgh, Philadelphia, and New York offices.

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