H-1B Visa Lawyer in Dallas

The H-1B Visa is a non-immigrant visa category in the United States that allows employers to employ foreign workers in specialty occupations temporarily. These occupations typically require specialized knowledge and a bachelor’s degree or higher in a related field. The H-1B Visa is a popular option for employers seeking to fill positions in fields such as technology, engineering, finance, healthcare, and more.

At Badmus & Associates, our team of experienced immigration attorneys specializes in business immigration law, with a focus on H-1B Visa petitions. We understand the complexities of the H-1B Visa process and stay up-to-date with the latest regulations and policies to provide our clients with reliable and effective legal representation.

For a confidential consultation tailored to your specific immigration needs, contact us at 214-393-4917 or complete the form provided to schedule a thorough case review with one of our experienced H-1B Visa lawyers.

Who is the H-1B Visa For?

The H-1B Visa is designed for individuals who possess specialized knowledge and skills in fields such as technology, engineering, finance, healthcare, and other specialty occupations. Specifically, the visa is for:

Professionals with Specialized Knowledge: Individuals who hold a bachelor’s degree or higher (or its equivalent) in a specific field and are being hired to perform specialized duties that require that level of education.
Employer-Sponsored Workers: Foreign nationals offered employment by a U.S. employer in a specialty occupation.
Temporary Workers: The H-1B Visa is a non-immigrant visa, meaning it is temporary and allows individuals to work in the United States for a specified period, typically up to six years, with extensions possible under certain circumstances.
Employer Compliance: Employers who wish to sponsor H-1B workers must comply with specific labor condition application (LCA) requirements, including paying the prevailing wage for the position and ensuring that hiring an H-1B worker will not adversely affect the working conditions of similarly employed U.S. workers.

Overall, the H-1B Visa program serves as a vital tool for U.S. employers to fill specialized positions with skilled foreign workers when qualified U.S. workers are not available.

The H-1B Visa Application Process

Applying for an H-1B Visa involves several steps, and it typically requires coordination between the employer sponsoring the visa and the foreign national seeking employment in the United States. Here is an overview of the process:

Determine Eligibility: Before beginning the application process, assess whether your company and the position you’re offering meet the requirements for sponsoring an H-1B worker. Ensure that the position qualifies as a specialty occupation, typically requiring a bachelor’s degree or higher in a related field.
Labor Condition Application (LCA): The first formal step is to file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). This application includes details about the position, such as job duties, location, and salary. The employer must also attest to compliance with prevailing wage requirements and other labor standards.
Submit Form I-129: Once the LCA is certified by the DOL, the employer can file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This form serves as the official petition to request permission to employ a foreign worker in the United States.
Provide Supporting Documentation: Along with Form I-129, the employer must submit supporting documentation, including:
- Job offer letter outlining the terms and conditions of employment.
- Documentation demonstrating the foreign worker’s qualifications, such as educational credentials, relevant work experience, and any necessary licenses or certifications.
- Evidence of the employer’s financial ability to pay the prevailing wage for the position.
- Any other required forms or supporting materials specified by USCIS.
Await USCIS Processing: After filing the petition, USCIS will review the application and supporting documentation. The processing time can vary, but employers can check the status of their petition online through the USCIS website.
Respond to Requests for Evidence (RFEs): In some cases, USCIS may issue a Request for Evidence (RFE) if additional information or documentation is needed to adjudicate the petition. Employers must respond to RFEs promptly and provide the requested information to avoid delays in processing.
Approval and Consular Processing: If USCIS approves the H-1B petition, the employer and foreign worker can proceed with consular processing if the worker is outside the United States. This involves obtaining an H-1B visa stamp from a U.S. consulate or embassy abroad, allowing the worker to enter the United States and begin employment.
Maintain Compliance: Once the H-1B worker is employed, the employer must comply with all H-1B program requirements, including paying the required wage, maintaining accurate records, and adhering to any applicable regulations.

Overall, the H-1B application process for employers requires careful attention to detail, thorough documentation, and compliance with relevant regulations to ensure a successful outcome. Consulting with an experienced immigration attorney can help navigate the complexities of the process and maximize the chances of approval.

The H-1B Visa Cap

Currently, up to 65,000 H-1B visas (6,200 for workers from Chile and Singapore, 58,200 for all other nationalities) may be issued each fiscal year for professional workers (bachelor’s degree or equivalent). In addition, 20,000 H-1B visas are set aside for those who hold a U.S. master’s degree or higher. The fiscal year begins on October 1 and ends September 30.

Employers who plan to hire potential H-1B employees subject to the quota must register during the H-1B cap registration period (“H-1B Cap Lottery”), which typically runs for about three weeks in March. Registrants who are selected will have the opportunity to apply for an H-1B visa between April 1 and June 30.

An employer may only submit one registration for each employee, Submitting more than one registration for the same employee will invalidate all registrations for that employee. However, an employee can have multiple registrations from different employers.

H-1B Cap Exemption

Some workers are excluded from the cap, including physicians who receive a J-1 waiver of the two-year foreign residency requirement and agree to work in a medical shortage area. Also excluded are workers who are employed by universities or colleges or by non-profit organizations affiliated with universities or colleges (“cap-exempt employers”). This is useful for physicians who use H-1B status to complete their residency for such institutions. In addition, the cap only applies to “new employment,” so in general, a person who already has an H-1B and applies for another H-1B with another employer is not subject to the cap.

However, if the worker obtained H-1B status through a cap-exempt employer and then seeks to change employment to an employer that is not cap-exempt, the new application will be subject to the cap. For example, a physician finishes his residency in H-1B status with a university hospital on June 30, 2024. He has a contract with a private facility to start work on July 15, 2024. His new employer will sponsor the H-1B visa, but the petition will be counted towards the cap. If the cap has already been reached, the physician cannot work until October 1, 2024, assuming the employer files early enough.

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Get the right help to guide you through complex immigration rules. For your specific immigration matter, call or complete the form to schedule a confidential and thorough case review with one of our Dallas H-1B attorneys at Badmus & Associates.