H1B Immigration Lawyer
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: February 03, 2020, Last Updated on: February 13, 2020.
Our H1B immigration lawyer can assist you with the process of obtaining or renewing your H1B visa. This is a special type of visa that allows foreign professionals in certain occupations or with certain specialty skills to work in the United States.
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H1B Immigration Lawyer
Immigration law is complex, and an H1B immigration lawyer is vital for successfully 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 employees 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 those employees with the chance to live and operate in the United States.
To qualify for the H1B Visa, the U.S. company and potential staff members are obliged to follow USCIS conditions and guidelines. These are particularly complicated, and the assistance of an H1B immigration lawyer can help make the dream of at least temporarily relocating to the U.S. a reality. The firm of Manji Law, PC, will provide expert advice and skilled representation through the often lengthy process.
Immigration Lawyer H1B and Qualifying Requirements
There are multiple ways that an immigration lawyer H1B can help you. 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. These are known as “specialty occupations.”
These are usually for professional or technical occupations like the following:
- IT or computing
- Medicine, etc.
An H1B immigration lawyer can help explain whether your qualifications are sufficient, as well as any additional documentation you require.
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Understanding the H1B Visa Process
The H1B visa process requires a U.S. company to begin the procedure by sending the H-1B petition to the U.S. Citizenship and Immigration Services (USCIS). Plus, since there is a statutory cap put on the number of H-1B visas provided throughout any calendar year, a law firm with immigration experience is helpful in getting your application accepted the first time.
Although the cap presently stands at 65,000 foreign employees in certifying specialized professions, there are an extra 20,000 for those who have a Master’s degree from a U.S. university. Applications can be sent as early as April for the following year. Since the need often surpasses the accessibility of these visas, the USCIS performs a lottery of the petitions within the first five days of April each year.
This is why companies and their authorized lawyers should submit petitions within this period. USCIS’s pre-registration system performs a lottery for special cases. As the laws continue to evolve, hiring a reputable immigration attorney is wise.
Navigating the H1B Application Process
Due to the reasonably low acceptances in relation to the high need for employees, many attorneys choose different ways for handling the H1B application process. For example, some utilizing other classifications like the L-1A for executives and upper-management or the L-1B for specialized employees of multinational corporations, and the E2 Treaty visa for investors.
Otherwise, the process works thusly:
- The attorney of a petitioner must file a G-28 form that includes the printed and signed name of the attorney and the petitioner.
- The U.S. employer must submit the 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 of the moving pieces, having expert advice from a skilled counselor and H1B immigration lawyer is always a good idea.
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Getting an H1B Extension
As the immigration process has become more complicated in recent years, H1B 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 who will be advising and representing you is a good step toward protecting your interests.
Limits to H1B Visa Extension
Although H1B Visa extensions have been the default security feature for many returning employees, the USCIS is now stating that this is too broad and no longer offers preference to previous approval. Even when foreign employees have 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 H1B immigration lawyer can be instrumental in the process.
Working Through the H1B Visa Renewal Process
Once you are working in the U.S., you must periodically complete the H1B visa renewal process. Recently, I-9 compliance audits have become more thorough and frequent. Plus, findings of non-compliance have actually increased.
The ability to prove compliance is necessary to ensure the company’s, as well as the employee’s ability to continue in their normal activities. This minimizes relocating and retraining staff members. Retaining an H1B immigration lawyer can assist the company and all employees involved.
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Following the H1B Application Timeline
Time is of the essence in order to meet the H1B application timeline. To ensure the changing regulations are followed, it is vital to hire an H1B immigration lawyer to remain abreast of the new rules.
Typically, H1B visas have been processed at a certain time of year, beginning in April and ending in October. Visas usually take between one and 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.
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Hiring a Reputable H1B Visa Lawyer
Although you can choose to take chances, choosing a qualified H1B 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
When picking the right H1B lawyer, there are several qualifications to observe, such as:
- Accessible and efficient
- Dedicated practice to protection in employment matters
- Proven track record in complex new H1B cases
- Timely filing of H-1B Visa petitions
When choosing an H1B immigration lawyer, you want someone who has experience with this type of visa and whose hours and location accommodate your needs and the needs of your company.
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.
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