H-1B Visa Services

The H-1B visa is one of the most commonly used visas by companies looking to hire foreign talent. The H-1B is a dual-intent, non-immigrant visa designed for candidates working in specialized knowledge positions that require a Bachelor’s degree, it’s equivalent, or higher in a specific field.

To qualify for an H-1B, a candidate must be able to demonstrate the following:

1. They will work in a position that typically requires a Bachelor’s degree, equivalent, or higher, in a field that is directly relevant to the position being offered.
2. They have completed a relevant U.S. bachelor’s degree or higher from an accredited University.
3. The U.S. employer has provided a valid job offer for the applicant and must demonstrate that the role requires a specialty occupation.
4. The employer must submit a Labor Condition Application to the Department of Labor, ensuring that the employment terms comply with certain wage and working condition standards.

The completion of a U.S. Bachelor’s degree or higher equivalency can be demonstrated through foreign education alone, or a combination of education, training, or progressively responsible experience in the specialty.

A candidate with no formal education can still demonstrate the equivalency of a Bachelor’s degree if he/she has at least 12 years of progressively responsible experience (3 years of experience is equivalent to 1 year of education).

To apply for an H-1B, it is necessary to go through the lottery process. Each year, 65,000 visas are allocated for candidates with a bachelor’s degree. Another 20,000 visas are reserved for those with a master’s degree or higher.

The lottery process starts with an online registration, where employers are permitted to submit one registration per employee. The registration period varies each year, but typically takes place during the first three weeks of March.  During the last week of March, USCIS will conduct the lottery and will inform employers through their online account about which employees have been selected. From April 1 until June 30, employers can then file theH-1B petitions for adjudication. In 2021, USCIS ran a second and a third lottery to select extra applicants. Similarly, in 2023,a second lottery was held in July.

If the applicant is in the U.S. in another status, such asF-1, the employer can request a change of status. This change would take effect on October 1st. If the applicant is outside the U.S., they must go to the Consulate for an interview and obtain an H-1B visa stamp in their passport.

An H-1B amendment is required when there are significant changes in the terms and conditions of the H-1B worker’s employment. This includes changes in job location, job duties, or employer. This process usually requires submission of an updated Form I-129 to USCIS that reflects the amended employment conditions. To maintain compliance with H-1B regulations and ensure the visa holder’s legal status remains valid, it is essential for the employer to file this amendment before the changes take effect

Initially, the H-1B visa is granted for 3 years, with the possibility of a 3-year extension. Applying for an extension is necessary prior to the expiration of the current H-1B. This petition should include supporting documents, such as the certified Labor Condition Application (LCA) and evidence demonstrating ongoing, full-time employment related to the specialty. USCIS will review the extension request, and if approved, the H-1B visa will be extended, allowing for continuous employment. In some cases, especially during the process of obtaining permanent resident status, there is a possibility of extending the H-1B beyond the six-year limit. Consulting with an immigration attorney can provide guidance on eligibility for additional extensions and ensure compliance with all regulatory requirements.

At Patel Law Group, our experienced H-1B visa attorneys are committed to providing you with individualized attention and expert guidance in every phase of your H-1B visa process. From initial eligibility assessments and preparing thorough documentation, to filing petitions and handling amendments or extensions, we ensure a seamless and efficient process. Contact us today to schedule a consultation and take the first step toward securing your future in the United States.