Why You Need an H1B Immigration Lawyer for U.S. Work Visas

Find expert guidance with an H1B immigration lawyer. Navigate the visa process smoothly and ensure compliance with U.S. immigration laws.

Manji Law, P.C.Manji Law, P.C.
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Atlanta Immigration Attorney Jameel Manji

Author: Jameel Manji, Founder, Manji Law, P.C.

Mr. Manji founded Manji Law in 2016 to follow his passion of helping people navigate the complicated immigration system. Mr. Manji graduated from Georgia State University College of Law and received Master of Taxation from the Georgia State’s J. Mack Robinson College of Business. Published on: December 12, 2019, Last Updated on: December 26, 2019.

Manji Law is your complete immigration solution. If you are seeking assistance with the Atlanta Immigration Court, please give us a call. Manji Law can provide valuable insight, assistance, and a guiding hand to help you achieve your goals.

Experienced H1B Immigration Lawyers

Immigration law is complex, and an immigration lawyer is vital for completing your documentation if you want to move to the U.S. for work purposes. Created under the Immigration and Nationality Act, this visa permits American businesses to hire qualified foreign workers from other countries to fill particular tasks for a predefined period. This allows companies to benefit from the expertise of an expanded work pool and provides foreign nationals with the chance to live and operate in the United States.

To qualify for the H1B visa, the U.S. company employer and potential foreign worker are obliged to follow the Department of Labor and USCIS conditions and guidelines. These USCIS rules are particularly complicated, and the assistance of immigration attorneys can help make the dream of at least temporarily relocating to the U.S. a reality. The immigration attorney of the immigration law firm of Manji Law, P.C., will provide expert advice and skilled representation through the often lengthy process.

Immigration Lawyer H1B and Qualifying Requirements

There are multiple ways that H-1B visa immigration lawyers can help you with a labor visa. To get approved for an H-1B visa, the applying company must have a qualifying job that requires at least the foreign equivalent of a U.S.-accredited bachelor’s degree related to the work to be done. It is called a “specialty occupation.”

The nonimmigrant worker must have a certain level of qualification or foreign degree as per the twenty-first-century act of immigration.

These are usually for professional or technical occupations like the following:

  • Education

  • Engineering

  • Healthcare

  • I.T. or computing

  • Medicine, etc.

An immigration lawyer can help you or your employer explain whether your qualifications and work experience are sufficient for employment and any additional documentation you require to obtain this visa.

The process of obtaining this visa is quite complicated and would require you to pay multiple legal fees, for example, a premium processing service fee, when applicable, or USCIS anti-fraud free. With that, a person may hold H1B status for a maximum of six years, which may be issued in increments of up to three years by the USCIS.

Understanding the H1B Visa Process

The H-1B labor visa process requires a United States company employer to begin the procedure by sending the H-1B petition to the United States Citizenship and Immigration Services (USCIS). Plus, since a statutory H-1B cap is put on the number of H-1B visas provided throughout any calendar year, a law firm with immigration experience helps get your visa application accepted by USCIS the first time.

Although the cap presently stands at 65,000 foreign employees in certifying specialized professions, there is an extra 20,000 for those with a Master’s degree from a United States university. A labor visa application can be sent as early as April of the following year. Since the need often surpasses the accessibility of these visas, the USCIS performs a lottery of visa petitions within the first five days of April each year.

This is why employers and their authorized lawyers should submit H-1B petitions for visas within this period. USCIS’s pre-registration system performs a visa lottery for special labor visa cases. As laws evolve, hiring a reputable immigration attorney is wise.

Navigating the H-1B Visas Application Process

Due to the reasonably low acceptance by USCIS about the high need for employees, many attorneys choose different ways of handling the H-1B visas labor condition application process. For example, some utilize other classifications like the L-1A for executives and upper management, the L-1B for specialized employees of multinational corporations, and the E2 Treaty visa for investors.

Otherwise, the process works like this:

  • A petitioner’s attorney must file a G-28 form that includes the attorney’s and the petitioner’s printed and signed name.

  • The United States employer must submit Form ETA-9035 online through the Department of State’s iCert Portal System.

  • The employer must file an approved Labor Condition Application, Form I-129, supplementary documentation including the completed H Classification supplement, and the correct filing fee.

  • For Premium Processing, Form I-907, the I-129 receipt, and a $1,440 filing fee must be submitted.

With all the moving pieces, having expert advice from a skilled counselor and an immigration visa lawyer is always a good idea.

Getting an H1B Extension

As the labor immigration process has become more complicated in recent years, H-1B extensions have become even rarer. The process for an extension requires more stringent vetting and a more narrow definition of who qualifies. Learning about the lawyer advising and representing you is a good step toward protecting your and your employer’s interests.

Limits to H-1B Visa Extension

Although H-1B Visa extensions have been the default security feature for many returning employees, the USCIS now states that this is too broad and no longer offers preference to previous approval. Even when a foreign national has worked on the H-1B status for the same company for the six last years, their chances are the same as everyone similarly qualified from their country.

Additionally, the Request for Evidence (RFE) has required more proof of eligibility for applicants. Mistakes in documentation can be cause for disqualification. The right H-1B employment visa lawyer can be instrumental in the process.

 

Working Through the H-1B Visa Renewal Process

Once you are working in the United States, you must periodically complete the H-1B visa renewal process. Recently, I-9 compliance audits have become more thorough and frequent. Plus, findings of non-compliance have increased.

The ability to prove compliance is necessary to ensure the company’s and the employee’s ability to continue their normal activities. This minimizes relocating and retraining staff members. Retaining an H-1B visa lawyer can assist the company and all employees involved.

Following the H1B Application Timeline

Time is of the essence to meet the H-1B visa application timeline. To ensure the changing regulations are followed, it is vital to hire an immigration lawyer to remain abreast of the new rules.

Typically, H1B visas are processed at a certain time of year, beginning in April and ending in October. H1B Visas usually take one to six months to process, but in some states, it takes longer. It may be possible to get your visa more quickly if you pay additional fees for Premium or Expedited processing; the immigration office in Georgia or your attorney can provide more information on this option.

Hiring a Reputable H1B Visa Lawyer

Although you can choose to take chances, choosing a qualified H-1B visa lawyer improves your chances of staying up to date on the new regulations, ensuring your ability to retain employers or employment.

Choosing an H1B Lawyer

Choosing an H1B lawyer is a critical step in the visa process. Attorneys can help you adhere to changing laws, stay informed of new regulations, and promptly apply for H-1B visas.

When choosing an H1B Immigration Lawyer, there are some essential factors to consider:

  • Check their credentials: Make sure they are a licensed member of the American Immigration Lawyers Association (AILA) and have an established track record with successful applications.

  • Ask for references: Speak to past clients and ask if their experience was positive.

  • Check fees: Don’t be afraid to shop around and find an attorney who will provide quality service at a reasonable rate.

  • Proven track record: If the lawyer has a proven track record for successful applications, it gives you peace of mind that they know what they are doing.

  • Accessible and efficient: You want to ensure the lawyer is accessible and efficient. They should respond quickly to emails and calls, be knowledgeable about their client’s needs, and have an organized approach when it comes to paperwork.

Hiring a reputable H-1B Visa lawyer helps expedite the visa process while protecting your rights. With the right lawyer, you can rest assured that you have proper legal representation and advice for all your immigration needs.

Retain an H1B Attorney

With constantly changing regulations, it is important for H1B attorneys to remain vigilant and for companies and foreign employees to move quickly. Having a lawyer on retainer ensures he knows your company and its needs intimately.

Hire an H1B Visa Attorney

When you are considering whether to choose an H1B visa attorney, contact us at Manji Law. Beginning work in America is an exciting prospect, and we want to help make it a reality for you.

Atlanta Immigration Resources

Immigration Resources

Georgia Immigration Law Explained

Georgia Immigration Law is much the same as immigration law throughout the USA. However, there are also regulations specific to Georgia, like E-Verify regulations and rules for state/city law enforcement, and there are local sites and agencies to be aware of.

  • Your Guide to the Atlanta Immigration Court

    Navigating the Atlanta, GA, Court can be complicated as many agencies are involved, and there are lots of moving parts. This page will walk you through what to expect if you’ve been detained or received a notice to appear in this court in Atlanta, Georgia.

    Complete Guide to I-485

    The process, which begins with form I-485, can be complicated. This page will guide you through the basics of an Adjustment Of Status and let you know what to expect.

    #1 Guide on I-765

    When coming to the USA, finding a job is probably one of the first things you’ll want to do. However, before you can begin working in the U.S., you should obtain a work permit. Read on to learn how to use Form I-765 to apply for the right to work in the United States.

How an Immigration and Criminal Attorney Can Help

Federal authorities have a great deal of freedom in deporting or making an immigrant inadmissible, even if not found guilty in court. Criminal immigration lawyers working routinely on federal matters and state and federal cases understand how essential it is to win your case if you wish to remain in the United States or have the leisure of returning if you were to leave. Even green card holders face the same federal immigration law guidelines concerning deportation and inadmissibility.

There are particular kinds of crimes that make a non-citizen or immigrant inadmissible, while others may make a non-citizen deportable. Generally speaking, “deportable” crimes are more major in nature, but they do consist of some criminal offenses likewise noted for inadmissibility status.

 

Immigration Criminal Attorney

Criminal offenses of moral turpitude can trigger somebody to be deported or inadmissible. Being “inadmissible” means that if you leave, you will not have the ability to reenter the U.S. Inadmissibility likewise suggests that a non-citizen can not apply for or obtain U.S. citizenship or a green card. In any case, the immigration consequences can be damaging to a non-citizen.

Even if a non-citizen was not found guilty of criminal activity of moral turpitude, they might end up being inadmissible by federal requirements. Confessing to a crime in any way might likewise make a non-citizen inadmissible if discovered by the federal immigration court. Criminal defense immigration lawyers understand that a non-citizen, even with a green card, does not need to be found guilty to end up being inadmissible.

Immigration Lawyers for Criminal Offenses

Much like the consequences for a crime of moral turpitude, the immigration consequences of an aggravated felony can have lasting impacts on your path to citizenship. These include:

  • Deportation without a removal hearing
  • Mandatory unreviewable sentence to a Georgia immigration detention center after release from jail or prison. To be released, your criminal immigration attorney needs to show to the judge that the crime you were found guilty of is not an aggravated felony as specified by immigration laws.
  • Not qualified for asylum
  • Not qualified for cancellation of removal
  • Not qualified for voluntary departure
  • Not qualified for particular waivers of inadmissibility
  • Completely disallowed from future admission into the U.S.
  • Additional penalties if discovered unlawfully reentering the U.S. The penalty for somebody who was formerly found guilty of an aggravated felony and consequently deported may be up to 20 years in prison.

 

Immigration Criminal Law

Criminal immigration lawyers understand how to argue your best case and minimize the repercussions of a criminal conviction as much as possible. It is best to consult our Atlanta, Georgia immigration lawyers either during the investigation process or right after an arrest so they can work to avoid charges from being filed or reduce any existing charges. When hired early on in a case, the legal team at Manji Law, P.C. will have better chances to stay ahead of the prosecution and alter the course of your case for the best possible outcome.

If you are at a later stage in your case, don’t be discouraged. Our criminal immigration attorneys have a track record for innovative plea deals and wins. Do not wait until the last minute to consult them as your possibilities of getting the desired outcome dwindle as time passes and the prosecution begins constructing its case against you.

Immigration Defense When Crimes Are Involved

Non-Americans in the U.S. must hire the best criminal attorney who is experienced with immigration issues in order to get the lowest possible sentence or get their case dismissed to prevent future repercussions of constantly changing immigration laws. Below are a few of the ways our law firm may be able to defend your path to citizenship and getting your green card, as your criminal defense lawyers.

Immigration Defense Attorney

If, as an immigrant, you have been found guilty of an aggravated felony or a criminal offense of moral turpitude and have not yet been physically deported, you might be qualified for post-conviction relief. A motion to vacate a conviction based upon inefficient support of counsel can be sought out by our criminal immigration lawyers.

A motion to vacate might also be an option if you were not counseled by a legal representative on the immigration consequences of pleading guilty. Additionally, our criminal lawyers can seek other kinds of post-conviction relief, such as minimizing a felony to a misdemeanor or resentencing so as not to suffer consequences to your immigration status.

Immigration Criminal Defense Attorney

If your crime has resulted in inadmissibility, you may have the option to receive a waiver of inadmissibility. With this waiver, the DHS forgives that crime in determining whether you should be allowed to enter the United States.

There is one exception to federal laws concerning inadmissibility, but it must meet the following three requirements:

  • There is only one conviction of a criminal offense of moral turpitude
  • The maximum penalty for illegal activity does not exceed one year
  • The immigrant was sentenced to 6 months or less in jail

 

Immigration Criminal Defense Attorney

Another option that your legal representative may explore includes defense at removal hearings. In a motion to dismiss in front of the Atlanta immigration court, he or she would reveal that DHS stopped working to prove your criminal conviction and can not argue that the criminal activity charge falls under a deportable offense. Conversely, your legal representative would reveal that you have been rehabilitated, that you have crucial family or local ties, and that overall, you have earned the right to remain in the United States.

Your immigration status will be the main factor in the defense method we choose for you. You can depend on our criminal immigration lawyers’ legal understanding and experience with immigration law to defend your rights, freedom, and future in the United States.

Best Criminal Immigration Lawyers

If you are not a citizen of the United States and you have been charged with a criminal offense, it is essential that you discuss your scenario with our criminal immigration attorneys as quickly as possible.

 

Immigration Criminal Lawyer

At Manji Law, P.C., our Atlanta criminal immigration lawyers will work with you to prevent a possibility of you losing your green card and getting a devastating end to your time in the United States. With our law firm’s legal assistance, you can maintain a confident outlook on the circumstances. We will work tirelessly to help you win this, fight for your rights, and resist your criminal charges, so don’t hesitate to contact us today.