Get started with your H-1B Work Visa

What is an H1B visa?

The H1B visa is a temporary, non-immigrant work visa that allows U.S. employers to hire foreign professionals in specialty occupations that require theoretical or technical expertise. It's specifically designed for positions that normally require at least a bachelor's degree in a relevant field. This visa is one of the most common pathways for educated professionals, particularly in fields like technology, engineering, science, medicine, and business, to work legally in the United States.

The H1B is employer-sponsored, meaning a U.S. company must petition for you and offer you a job before you can apply. Unlike permanent residency options, the H1B is a temporary status, initially granted for up to three years and potentially extendable to a maximum of six years total (with certain exceptions for those in the green card process).

One of the most distinctive features of the H1B program is its annual cap and lottery system. Currently, there's an annual limit of 85,000 new H1B visas (65,000 regular cap plus 20,000 additional visas for those with U.S. master's degrees or higher), with demand typically far exceeding this cap. As a result, most H1B petitions are subject to a random selection process, commonly known as the "H1B lottery."

What are the H1B visa requirements?

To qualify for an H1B visa, several key requirements must be met:

1. Specialty Occupation: The position must require theoretical and practical application of a body of specialized knowledge and at least a bachelor's degree or equivalent in the specific specialty.
2. Relevant Degree: You must have at least a bachelor's degree or equivalent experience in the field related to the specialty occupation. Foreign degrees must be evaluated to determine U.S. equivalency.
3. Employer-Employee Relationship: A valid employer-employee relationship must exist, with the employer able to hire, pay, fire, supervise, and control your work.
4. Prevailing Wage: The employer must pay at least the prevailing wage for the occupation in the geographic area of employment.
5. Labor Condition Application (LCA): The employer must submit an approved LCA from the Department of Labor, attesting to wages, working conditions, and notice to other employees.
6. H1B Cap Consideration: Unless exempt, the petition must be selected in the annual H1B lottery. Cap-exempt employers include higher education institutions, nonprofit research organizations, and government research organizations.

Your attorney will help ensure that both you and the position meet these requirements and that all necessary documentation is properly prepared and submitted. The most important thing is to meet the qualifications in order to be included in the lottery.

Do you need an attorney for an H1B visa?

While it's legally possible to navigate the H1B process without an attorney, having professional legal guidance significantly increases your chances of success. The H1B visa process involves multiple complex steps, strict regulatory requirements, and strategic considerations that an experienced immigration attorney can help address.

An immigration attorney can:

• Guide employers through the Labor Condition Application (LCA) process
• Prepare a petition that clearly establishes the position as a specialty occupation
• Document how your qualifications meet USCIS requirements
• Develop strategies to address potential challenges or Requests for Evidence
• Navigate the H1B lottery registration process
• Ensure all deadlines and procedural requirements are met
• Advise on alternatives if your petition isn't selected in the lottery

For foreign nationals, the stakes are high - your ability to work legally in the U.S. depends on a properly prepared and filed petition. For employers, especially those new to hiring foreign workers, the H1B process can be daunting without professional guidance. Working with an attorney helps both parties avoid costly mistakes and improves the likelihood of approval.

When should you hire an immigration attorney for an H1B visa?

The ideal time to consult with an immigration attorney is well before you plan to start working in the United States. For most H1B cases, this means at least 6-8 months before your intended start date, considering the annual lottery timing.

Employers should consider speaking with an H1B attorney:

• When identifying potential foreign talent to hire
• Before committing to sponsorship
• During the annual H1B registration period (typically in March)
• When developing job descriptions and requirements
• If receiving a Request for Evidence or a denial on a petition

Foreign professionals should seek legal advice:

• When discussing potential employment opportunities with U.S. companies
• Before accepting job offers that require visa sponsorship
• When considering transitions between different immigration statuses
• If you're currently on a different visa status (like F-1 student visa) and planning to work long-term

Early consultation allows for strategic planning, especially important given the lottery system and annual caps that affect most H1B applications.

Benefits of working with an attorney on your H1B visa

The H1B process involves numerous technical requirements and strategic considerations. An experienced immigration attorney provides professional insight that helps navigate these challenges effectively.

Strategic petition preparation

A successful H1B petition requires careful documentation showing that both the position and the applicant meet the specialty occupation requirements. Your attorney will strategically prepare your petition to clearly establish this eligibility, documenting how the position requires specialized knowledge and how your education and experience qualify you for the role. They'll help ensure the job description, educational requirements, and supporting evidence align with USCIS expectations for specialty occupations.

Skilled navigation of the lottery and filing process

The H1B lottery and subsequent petition filing involve specific timelines and procedural requirements. Your attorney will manage the entire process, from initial employer registration for the lottery through petition preparation and filing if selected. They'll ensure all forms are properly completed, all supporting documentation is appropriately organized, and all deadlines are met—critical factors in a process where timing and precision matter significantly.

Effective handling of challenges and RFEs

USCIS scrutinizes H1B petitions, and Requests for Evidence (RFEs) are common. If your petition receives an RFE, your attorney will analyze the specific concerns raised, gather additional evidence, and prepare a comprehensive response addressing each issue. Their experience with similar cases allows them to anticipate potential challenges and either address them proactively or respond effectively when they arise.

How much does an H1B visa attorney cost?

The cost of an H1B visa includes government filing fees as well as attorney fees, with these varying based on the complexity of your case. At Lawhive, we believe in transparent pricing with no hidden costs. You'll know exactly what you're paying for at each step of the way.

While professional immigration assistance represents an investment, it could increase your chances of success with this competitive visa category. Given what's at stake - your ability to work legally in the United States - having professional guidance is often well worth the cost.

How long does the H1B visa process take?

The H1B visa process follows an annual cycle with specific timelines:

1. H1B Registration Period: Typically occurs in March each year for jobs starting in October
2. Lottery Selection: Results are usually announced within a few weeks of registration closing
3. Petition Preparation and Filing: If selected, complete petitions must be filed within the designated filing period (typically April to June)
4. USCIS Processing: Standard processing takes approximately 3-6 months, though premium processing is available for an additional fee, reducing this to 15 calendar days
5. Visa Interview (if outside the U.S.): After petition approval, it typically takes 2-4 weeks to schedule and complete
6. Total Timeline: For most applicants, the process from initial registration to starting work takes 7-10 months

These timelines can vary based on USCIS workload, policy changes, and individual case circumstances. Your attorney will provide more specific timeline estimates based on your particular situation and the current USCIS processing times.

What you can expect from a Lawhive attorney

From day one, your Lawhive immigration attorney is here to make the complex H1B visa process more manageable. You'll speak with our experienced team right away so we can understand your professional background and immigration goals. Then you'll get a clear idea of the costs and what you can expect to pay.

We work with vetted immigration attorneys who focus on employment-based visas and understand the nuances of the H1B process. They'll take the time to understand your specific situation, explain your options in plain English, and guide you through every step of the process - from initial strategy through lottery registration, petition preparation, and USCIS follow-up.

With Lawhive, you get professional legal help that's responsive, straightforward, and focused on what matters most: helping you secure the ability to work legally in the United States with confidence and peace of mind.

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