Introduction: H1-B visa attorney 

There is a greater demand for foreign skilled workers in America due to the recent labor shortage. Foreigners thus want to get employed in the US. But you need to obtain that H1-B visa for it first. The visa is not simple. It will require an amazing plan on your part. 

There are thousands of H1-B visa petitions each year submitted to USCIS. The visa is for people who are skilled, so it is competitive. There are enough applications to fill the fiscal year 2024 annual cap of 65,000. That is why it is very important to obtain an H1-B visa attorney to help with your H1-B visa. They really improve your chances. 

It is not a simple task to relocate for work to a foreign country. It is daunting with all the paperwork one has to attend to. Even though you don’t necessarily have to hire an H1-B visa attorney, many of them do to ensure that everything turns out as expected. 

The US H1-B visa rules is complicated and continues to evolve. A small mistake or misreading can hold up your petition or deny it. An H1-B visa attorney is current with all of the latest developments in the law and makes sure that your petition meets the new requirements. 

The H1-B visa application itself is generally a lengthy affair consisting of plenty of paperwork and tough deadlines. With the services of an H1-B visa attorney, you are able to complete all forms as necessitated, and avoid typical mistakes which result in refusal. 

In this post, you will learn more about the H1-B visa process and what an H1-B visa attorney can do for you. 

Get to know about the H1-B status 

H1-B visas are for people with special skills and education. Most H1-B visa holders have at least a bachelor’s degree. The employer kicks off the process for getting the H1-B visa. They need to show that there isn’t a suitable American applicant with the right skills for the job. This scarcity must require hiring someone from outside the US. Some common jobs that use H1-B visas include IT workers, accountants, professors, finance experts, and doctors. The employer must have a federal tax ID number to start the application. 

Visa caps on applications 

Every year, USCIS usually approves about 65,000 H1-B applications. There is also an extra 22,000 spots for people with advanced degrees. The US even has a few reserved spots for certain countries. For instance, there are 6,800 spots just for folks from Chile and Singapore. 

Typically, applications are accepted starting April 1st, and approvals are handed out between June 1st and September 30th, with jobs starting on October 1st. 

Overview of the H1-B application process 

The whole H1-B process can be pretty lengthy and tricky. There are a lot of steps involved, and getting an H1-B visa attorney can really help. The first step is to submit a Labor Condition Application (LCA), which makes sure the employer can hire foreign workers. The employer needs to be registered and approved in the FLAG DOL system before they can submit an LCA. 

Next, the employer has to register and create an account on the USCIS system to take part in the visa number selection process in early March. This step is crucial because if their submission isn’t selected, the chance for that employee in the current H1-B season is gone. 

This system has been around for a few years, and all H1-B applicants need to follow it. Anyone picked by April 1st has 60 days to file their petitions. If any selected applicants don’t apply, another drawing will happen in June or July to pick more. There might be a third drawing before September 30th. Once selected, the employer has to file a Form I-129 and pay several fees, including the filing fee, training fee, fraud prevention fee, and the “Public Law 114-113” fee. If the applicant is working with an H1-B visa attorney, they also need to file Form G-28. 

More details on the H1-B visa process 

You will require some essential documents such as a duplicate of the worker’s passport, up-to-date IRS tax returns for the company, photos of the company’s building, duplicate of the employment agreement, and loads of other things! 

When the employer completes their application to USCIS, they may decide to file it under premium processing or standard processing. Premium processing can have the petition processed in 15 days. This means that the employee can start working by October 1 of the same year. It might take a much longer time using regular processing. The petition could be approved, they might receive a Request for Evidence (RFE) to request more information, or the petition could be denied. 

If it is approved, the employer may then officially sponsor the employee for three years. Then the employee will then start their own process of application. Depending on where the employee is, they might be able to convert their status in the US, or they might have to go to a consulate for an interview. The majority of employees will find themselves needing that consulate interview. 

The initial step is to fill out Form DS-160, pay the application fee, schedule and take an interview, and bring all the documents they require. Obtaining an H1-B visa requires a lot of paperwork. Depending on the person, they might have to provide pay stubs, passport, bank statements, resume, copy of Form I-797, and so much more. 

And that is just the start! If you make any mistakes while filling out these forms, you may get rejected. So, it is actually very important that you get an H1-B visa attorney to help you fill out your H1-B visa application. Both employer and employee can benefit a lot if they have a professional H1-B visa attorney helping them through this process. 

Why you should hire an H1-B visa attorney 

Getting through the whole immigration process can be pretty tricky. That is why having an H1-B visa attorney for your H1-B visa is super important. Here is how they can really help you out: 

• Smart legal advice: An H1-B visa attorney will come up with a game plan just for you using their legal know-how. They will make sure your application meets the latest immigration rules and tackle any issues that might come up. 

• Careful document handling: H1-B visa attorneys take the time to prepare and check your paperwork. They make sure everything is correct and complete, which can help strengthen your case and reduce the chances of getting asked for more info (RFEs). 

• Resolving RFEs: If you do get an RFE, an H1-B visa attorney will help you gather and organize all the necessary documents to stay within the immigration rules. Their help can lower risks, boost your chances of getting approved, and if needed, they can help with appeals or more submissions. 

• Guidance on employer-employee relationships: An H1-B visa attorney can help make sure the relationship between you and your employer is clear and solid. This is important for following labor laws and makes your application look better.

• Timing and filing advice: An H1-B visa attorney will let you know the best times to file your application, taking into account visa limits, processing times, and any changes in policies. 

Having an H1-B visa attorney for your H1-B visa is not just helpful for your application but crucial for getting it approved. They provide smart legal advice, careful document handling, and key insights on when to submit your application. Their support really makes the process smoother and boosts your chances of a good outcome. 

Get help! 

Just like many people from other countries, you can build your career in America. But getting an H1-B visa is extremely complex. It needs planning, paying attention to all the details, and using tried and tested methods. 

To better your chances, it is more advisable to start early, have your academic records certified, and show off your special skills. Having an H1-B visa attorney from Gehi and Associates by your side is extremely helpful. We will help you with the formalities and make sound judgments, so that you are able to achieve success in the US. 

Connect with us immediately!