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Successfully Obtaining Your H1B Visa:
Experience and Responsiveness that Makes a Difference.
Our H1B Visa Pledge:
- A 100% commitment to processing your case quickly and successfully
- Strong H1B Visa experience & knowledge of how to meet H1B requirements
- Open communication and responsiveness is among our top priority
- Providing the highest level of service at an affordable FLAT rate
- Applications can be submitted in as little as a few days.
For a free evaluation call: 212-643-0985 or 1-800-673-1120 or
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How We Can Help...
We understand how important an H1B Visa is to our clients, and that a successful outcome has a profound impact not just on an individual, but a company as well. H1B Visa applications do require careful attention and strong communication -- but with both in place, the process is often more simple, and more stress free than many of our clients expect.
 With our experience, the process is step-by-step. We listen. We address your concerns. We help you gather the required information and documentation. And then we carefully prepare all letters and forms needed to obtain your H1B. We'll communicate with you (the employee & the employer) throughout the process, and with both the Department of Labor (DOL) and USCIS while the application is being processed.
In short, our experience benefits you in several key areas. We:
- Clarify options and potential scenarios surrounding your case
- Assist you in collecting the ideal documentation
- Correctly classify the application and ensure requirements are met
- Prepare and submit all forms and documentation
- Communicate with the Department of Labor (DOL) and USCIS
- Monitor the entire application process
Your success is our success. At Lightman Law, that's not just lip service. You'll know it from the first communication through the completion of your case.
Take Advantage of our Free Consultation.
Questions? Concerns? We can help. We'll explain the process and time frame, and outline exactly what you need to prepare... and what you can expect.
There's no obligation. Contact us:
* 212-643-0985
* 800-673-1120
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Common H1B Questions:
 Do I qualify for an H1B Visa? While it's much easier to answer this for sure after speaking with you personally, there are a few general requirements that must be met. First of all, there MUST be a job offer in place from a U.S. employer, and it must require, at a minimum, a bachelor's degree or equivalent. The employee's degree should be applicable to the occupation of the job being offered.
How many H1b visas are available every year and what is the "cap"? Every year on April 1 the U.S. government makes available 65,000 regular cap H1b visas and 20,000 master's cap H1b visas available for the upcoming government "fiscal year". The government fiscal year begins on October 1 of every year. For example, when the H-1B visa window opened on April 1, 2010, the government made available H1b visas for the 2011 fiscal year, which begins on October 1, 2010.
When can I submit an application? Every year the filing window for H1b applications opens on April 1. With that in mind, you should be prepared to submit an application no later than April 1 due to the high demand for the visa. However, if there are H1bs available, you can submit an application at anytime. In practice, this hasn't been relevant in prior years since all the H1b visas were taken up in the first few days of April. However, 2010 has been a much different year and H1b visas are still available. In fact, in 2009, H1b visas were available until late December.
What start date can I request for my H1b employment? For a new H1B application, you cannot request a start date earlier than October 1 of the same year. For example, if you apply on April 1, your start date cannot be earlier than October 1 of the same year. Likewise, if you apply on July 1, your start date cannot be any earlier than October 1. You can also not request a start date more than 6 months in advance. This means that if you file an application on June 1, you cannot request a start date any later than December 1.
I don't have a bachelor's degree. How can I still qualify? In certain circumstances, experience can be substituted for education. 3 years of experience in the particular occupation equal 1 year of education. Therefore, in certain cases, 12 years of experience could be deemed equivalent to a bachelor's degree for H1b visa purposes. A common scenario is where an applicant has only 2 or 3 years of education and 3 to 6+ years of experience. In those situations, it it is possible to have the education and experience combined to give the applicant the equivalent of a bachelor's degree.
My bachelor's degree is unrelated to the occupation? In such a scenario it is important to speak with an experienced H1b visa lawyer to determine if this is in fact the case. A good H1b visa lawyer may be able to find the proper connection by evaluating the specific courses you took and your work experience. By focusing on specific courses and your work experience, it may be possible to obtain an evaluation equating your education and work experience (or just education) to the equivalent of a certain degree.
Are there H1B Visas left? Yes, there are currently thousands of H-1B visas still available from the April 1, 2010 filing window (government fiscal year 2011). In fact, USCIS's latest update reflects that they have received approximately 24,800 H-1B petitions out of 65,000 H-1Bs from the regular cap subject allotment and that only 9,400 out of 20,000 H-1Bs have been taken from the master's cap subject allotment. Due to these extremely low numbers, it is a great opportunity to apply for an H-1B visa without being subject to any sort of lottery. If you would like to track the status of H-1B visa petitions, we you may do so at the following link: H-1B Visa Quota Update.
How much H1B visa experience do you have? From first contact, you'll have complete confidence in our H-1B knowledge and experience. In fact, while Lightman Law Firm is experienced in many areas of immigration law, H-1B visas are among our most common and sought after services. We work with employees and employers in a wide range of professional fields, and with foreign nationals from across the United States and the world.
I don't live in New York. Can you still work with me? Absolutely. We have worked with foreign nationals and employers from all across the U.S. and throughout the world. Whether we meet in person, over the phone, or using the internet, our strong communication will be an asset to your case.
How long does the process take? Much of this depends on how long it takes our clients to gather the information required to submit an application. Typically, from the moment that the all the materials have been provided, an application can be submitted within approximately 7 days. The 7 day delay is largely due to the time it takes to receive the certification of the Labor Condition Application (LCA) from the Department of Labor (DOL), as an H1b visa application must be submitted with a certified LCA. Approval time then depends on USCIS and the method of processing. If the application is submitted via regular processing, it can typically take anywhere from approximately a few weeks to a couple of months. If the application is submitted via premimum processing, it can take up to 15 calendar days.
What are the USCIS filing fees for the H1b application? The filing fees range from a total of $820 for some types of organizations to $2,320 for other types of organizations. Premium processing, which guarantees a response within 15 calendar days, costs an extra $1,000.
How do I know how much the fees are for my application? The fees consist of the following: a) $320 application fee; b) $500 fraud fee; and c) $750 or $1,500 ACWIA fee (fee depends on size of employer. If your employer employs 25 or less employees, the total fees are $1,570 (ACWIA fee of only $750) whereas if your employer employs 26 employees or more the total fee is $2,320. However, some employers are exempt entirely from the $750 or $1,500 ACWIA fee and therefore only pay total filing fees of $820. These employers are as follows: primary or secondary education institutions; an institution of higher education; a nonprofit entity related to or affiliated with an institution of higher education; a nonprofit research organization; or a governmental research organization.
Who can pay the USCIS filing fees? The applicant or employer can pay the $320 application fee, the $500 fraud fee, and the $1,000 premium processing fee. However, the employer must pay the $750 or $1,500 ACWIA fee. If the applicant pays the $500 fraud fee, the amount will be deducted from the total wage paid to the H-1B beneficiary when determining whether he/she has been paid the required wage.
What are the legal fees for H1B representation? Give us a call and we will be happy to discuss our fees with you. Rest easy, Lightman Law Firm prides itself in offering the highest level of service at an affordable FLAT rate. You will never experience any pressure or obligation to work with us.
Put our experience to work for you.
For a FREE no obligation consultation, contact us:
* 212-643-0985
* 800-673-1120
*
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Did You Know?
Some Interesting H1B Facts that May Help You:
H1B Qualification Tip
For H1B qualification, 3 years of job experience equals 1 year of undergrad studies. Therefore if you have a 2 year degree and 6 years of job experience you would meet the minimum requirement of a bachelor’s degree.
Full-time or Part-time
You may apply for an H1b visa for a full-time position or a part-time position.
Multiple H1bs - Concurrent Employment
You can apply for more than one H1b. You can work for more than one U.S. employer, but you must have a separate application filed for each employer.
Transferring an H1B Visa
You can transfer your H1B from one employer to another. There is no limit on the number of transfer applications that can be filed. When you are transferring your H1b from one employer to another, you are legally authorized to work for the new employer upon receipt of the H1b transfer application.
H1B Holder's Spouse & Children
An H1B holder’s spouse and children can apply for an H4 visa based on their relationship to the H-1B holder. An H4 visa holder cannot work in the U.S., but he/she can go to school and they are in legal status while in the U.S.
Previously being subject to the Quota Cap
If you have previously applied for and recieved an H1b visa within the past 6 years and it was subject to the quota cap you will not be subject again to the quota cap.
Duration of the H1b Visa - 6 years max (with exceptions)
You can apply for an H1b visa for an initial period of 3 years. Thereafter you can extend the H1b for an additional 3 years for a max period of H1b status of 6 years. Any time spent in the L-1 status will be counted towards the 6 year total. If you are outside of the U.S. for more than 1 year, you will be eligible for a whole new 6 years of H1b status.
Exceptions to the 6 year max duration
There are two scenarios where an H1b visa holder can extend his/her period of H1b status beyond the max 6 year limit. The first scenario is if you have filed either a Labor Certification application or an I-140 petition 365 days before the expiration of the six-year limitation and the Labor Certification or I-140 petition is still pending. Under this scenario you can request extensions of up to 1 year until the resolution of the immigration process. The other scenario, which doesn't require a 365 day requirement, is where you have an approved I-140 petition and the immigrant visa number is not available due to visa retrogression. In this circumstance, you may extend your H1b at 3 year periods.
Optional Practical Training (OPT) & the "Cap Gap"
The "cap gap" refers to a situation where a gap exists between the expiration of your F-1 OPT status and the beginning date for an approved H1b application. In such a situation, USCIS has stated that it will allow you to bridge the gap between the expiration of your F-1 OPT status and the beginning date of your H1b application. This is most helpful to those in F-1 whose OPT ends in the spring or summer before the October 1 start date of their H1b.
Size of Employer
An H1b petitioning employer can be of any size. We have successfully obtained H1b approvals for companies with 1,000s of employees just as we have obtained successful approvals for company's with as few as 1, 2 or 3 employees. What is important is that the company is a legit operation and that they have a need for an individual of a certain occupation.
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Please Contact Us to Discuss Your Case!
Call 212-643-0985 or email
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