The H-1B visa is one of the most common work visas for foreign professionals coming to the United States. It allows U.S. employers to hire qualified workers in specialty occupations, usually requiring a college degree or higher. Whether you’re an employer seeking to fill a highly skilled role or a worker hoping to build your career in the U.S., we can help you understand the process and prepare a strong petition.
At Rahimi Law Firm, P.C., we guide both employers and foreign nationals through each step of the H-1B process with care and attention. This visa is competitive and time-sensitive, and we can make the procedure smoother and more manageable for you.
Who Qualifies for an H-1B Visa?
The H-1B visa is available to foreign workers in specialty occupations. These are jobs that typically require at least a bachelor’s degree in a specific field. The position must also be one that usually requires this level of education as a minimum entry requirement.
Common fields for H-1B workers include:
- Information technology
- Finance and accounting
- Engineering
- Architecture
- Mathematics
- Health care
- Teaching at certain levels
The employer must show that the job fits within a specialty occupation. The foreign worker must show that they hold the required degree or its equivalent through education, experience, or a combination of both.
The H-1B Process Step-by-Step
The H-1B process involves several steps, and both the employer and employee have roles to play. Here’s how it works:
- Labor Condition Application (LCA): The U.S. employer files an LCA with the Department of Labor. This document confirms that the worker will be paid a fair wage and that hiring them won’t hurt U.S. workers.
- Filing the Petition: After the LCA is certified, the employer submits Form I-129 with supporting documents to U.S. Citizenship and Immigration Services (USCIS).
- Lottery Selection: Each year, the government accepts a limited number of H-1B petitions. If the number of petitions exceeds the cap, USCIS uses a lottery to select cases for processing. There are two caps: one for regular applicants and one for those with a U.S. master’s degree or higher.
- Approval and Visa Application: If the petition is approved and the worker is outside the U.S., they apply for a visa at a U.S. embassy or consulate. If they’re already in the country, they may be eligible to change status.
Because of the cap and timing involved, it’s important to prepare and file everything as early and accurately as possible. We can make sure you meet all deadlines and submit the right materials.
How Long Can You Stay on an H-1B Visa?
An H-1B visa is initially granted for up to three years. You can request an extension for up to a total of six years in many cases.
If you’re on the path to a green card, certain exceptions may allow you to stay longer while your permanent residency is pending. We’ll help you evaluate your options and create a long-term plan based on your goals.
Common H-1B Issues We Help Resolve
Applying for an H-1B visa isn’t always straightforward. Sometimes, problems arise during or after the petition process. We help clients address many of the common challenges, including:
- Responding to Requests for Evidence (RFEs)
- Dealing with petition denials
- Changing employers or job duties (H-1B transfers)
- Filing cap-exempt petitions for universities and nonprofits
- Extending H-1B status
- Staying compliant with Department of Labor requirements
If you’ve run into problems or aren’t sure what to do next, we guide you through your next move.
Why Choose Rahimi Law Firm, P.C.?
At Rahimi Law Firm, P.C., we understand how important this visa can be to your business or your future. That’s why we work closely with every client to keep the process clear and efficient. We’ll answer your questions, help you prepare the necessary documentation, and keep you informed at each step. Whether you’re filing for the first time or dealing with a challenge in your case, we’re here to help.
Contact Our Experienced New York City H-1B Specialty Workers Attorneys
The H-1B process can be competitive and time-sensitive, but you don’t have to go through it alone. At Rahimi Law Firm, P.C., we help individuals and businesses across New York and beyond with reliable, attentive immigration support. If you’re ready to get started or need help with an existing petition, contact us today to schedule a consultation. We’ll help you take the next step forward with confidence.