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H1B Visa Lawyer in DC for Specialty Occupation

With over 25 years of experience, ILG’s H1B Visa Lawyers are devoted to offering strategic legal representation for US immigration to clients globally. We prioritize every client and case, recognizing the substantial advantages immigration brings to the United States.

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What is an L1 Visa

The H-1B visa, a nonimmigrant visa, is the most common route to work in the United States for professional foreign workers. Currently, 85,000 H1Bs are issued every year (with 20,000 of those reserved for graduates of US Graduate Schools), usually in three year increments, with a maximum duration of six years (which can be extended in several different scenarios post 6 years-see below). A new six year period commences if the person departs the US for one year.

H1B Visa Requirements

The basic requirements needed to obtain an H-1B visa are a job offer from a US employer, where the position itself requires a minimum of a specific 4 year Baccalaureate degree and the applicant has the relevant education and/or work experience to fulfill these requirements. Additionally, the employer must pay the prevailing wage in that specific area for that specific position (and file a Labor Condition Application with the US Department of Labor).

Job Offer from U.S. Employer

Securing employment is the cornerstone. A U.S. employer, versed in immigration law, extends a job offer to the foreign national, specifying the role's requirements and the journey toward legal employment.

Minimum Four-Year Baccalaureate Degree

Mandating a minimum four-year Baccalaureate degree, this requirement underscores the significance of higher education in the intricate landscape of immigration law and the H-1B visa process.

Relevant Education or Work Experience

Applicants, often foreign professionals, must showcase a blend of specialized knowledge through relevant education or work experience, aligning seamlessly with the demands of the job and the theoretical and practical application of their skills.

Prevailing Wage Compliance

Employers, with a focus on fair practices, commit to paying the prevailing wage as dictated by governmental research organizations. Compliance with prevailing wage standards ensures equitable compensation.

Labor Condition Application (LCA) Filing

Navigating the intricacies of immigration law, employers file a Labor Condition Application, a vital step involving specialized knowledge and legal fees, with the U.S. Department of Labor. This confirms adherence to wage and working condition standards.

Visa Application Process

Job Offer and Labor Condition Application (LCA)

Embark on the path to the U.S. workforce by securing a job offer. Your U.S. employer, backed by an immigration law firm, navigates the complexities. File an LCA with the U.S. Department of Labor, confirming compliance with prevailing wage standards, a pivotal aspect for foreign nationals entering specialty occupations.

Form I-129 Petition

Advance through the H-1B process as your employer, supported by a specialized immigration law firm, submits Form I-129 to USCIS. This documentation, essential for nonimmigrant visas, undergoes meticulous scrutiny. Opt for premium processing, a service offered by law firms, expediting the 3-to-16-week timeline.

Approval and Arrival

Upon approval, commence your journey with a law firm that understands the intricacies of H-1B and immigrant visas. Immediate family members can concurrently apply for H-4 visas, fostering unity during this transformative journey. An immigration law firm in DC is your trusted partner in ensuring a seamless transition into your American career.

Why ILG and How We Help

Proven Mastery of Immigration Law

An experienced H1-B Visa attorney specializes in immigration law, ensuring a thorough understanding of the complex legal nuances involved throughout the application process. This expertise is crucial in developing a strong application that meets all requirements. As a Washington, D.C.-based Immigration Law firm with over 20 years of experience, we possess a deep knowledge of immigration laws.

Customized Immigration Solutions for Your Unique Circumstances

Every H1B Visa case is unique, requiring a personalized approach. An experienced immigration attorney evaluates your specific situation, whether you’re establishing a new office, transferring employees, or seeking permanent residency. This tailored strategy significantly enhances the likelihood of success.

Sure and Successful Track Record

Glen Wasserstein, a lawyer featured in interviews by NBC, BBC, and Fox News, is a regular presence on National Television discussing immigration matters. An experienced H1B visa attorney with a track record of success demonstrates the ability to navigate the complexities of the immigration landscape. This history of achievements instills confidence in clients seeking reliable immigration solutions.

Visa Documents

Prepare for a successful H1B visa application with a document checklist. Each document is crucial for showcasing eligibility and meeting USCIS requirements:

H1B Visa Documents Required

1. Conditionally Approved and Signed H Visa Request Form
2. Complete and Print Prevailing Wage Intake Form
3. Complete, Print, and Obtain Signatures on Actual Wage Memorandum
4. $460 Check Payable to "U.S. Department of Homeland Security"
5. Employer’s Letter on Departmental Letterhead to USCIS. Include all necessary elements outlined in the provided template.
6. Copies of Offer or Reappointment Letters to the Beneficiary Describe the terms and duration of employment.
7. Attachment for Multiple Work Locations If the beneficiary works at multiple sites, provide a list with dates and addresses.
8. Program Letter of Agreement (PLA) for External Work Locations Mandatory if work is at a non-UW managed site.
9. Evidence of the Beneficiary's Bachelor's Degree Include transcripts, official diploma, and foreign degree equivalency evaluation if applicable.
10. Up-to-Date Curriculum Vitae or Resume
11. Published Advertisement for Competitively-Recruited Professorial Title
12. For Medical School Graduates Engaging in Patient Care Copies of U.S. Medical Licensing Exam results.
13. U.S. Professional License (If Required)
14. Passport Page with Biographical Data and Expiration Date
15. For Beneficiaries Currently in the U.S.: Passport page with most recent U.S. visa stamp. Completed Maintenance of Status/I-94 Consent form and I-94 Arrival/Departure Record.

H1B Visa Duration

Visa Duration or Validity

H-1B visas usually take between 3 weeks (through premium processing-for an additional $1440 filing fee) and 16 weeks to process and receive. Among the many positions considered specialty occupations in this category are: information technology professionals such as programmers, analysts and network engineers, biomedical professionals/scientists, Physicians (who graduated from US Medical schools and passed parts 1 and 2 of the USMLE), Physicians (who graduated Foreign medical schools and passed all 3 parts of the USMLE) some senior/managerial registered nurses, journalists, accountants, teachers, researchers and scientists. Immediate family members of H-1B visa holders are entitled to H-4 visas, which are not work authorized unless the H-1B holder is the beneficiary of an approved I-140.

H1B Visa Renewal

Extending your H-1B employment authorization involves meticulous steps to ensure a seamless process:

1. Initiate Extension with International Center - Your department begins the H-1B extension process at the International Center, gathering required documents and fees. Early initiation, ideally six months before current authorization expiration, ensures preparedness.

2. Submission to USCIS and Temporary Extension - The International Center submits the extension petition to USCIS within the stipulated six-month window. Once receipted, your H-1B employment authorization is temporarily extended for 240 days, allowing continued residence and employment during USCIS review.

3. Approval and I-797 Notice - Upon USCIS approval, an I-797 Approval Notice is sent to the International Center, indicating the extended H-1B employment authorization dates. It is essential to update your I-9 Employment Verification form with the approval notice for accurate payroll information.

Client Reviews

What an amazing team to work with. SO grateful for Jen, Catherine and the whole team, who worked so hard and were so patient with us through this whole process of obtaining our green cards. They are truly experts and can be trusted without a doubt to help you with your immigration needs! Utmost professionals and a pleasure to work with.

Sarah C.

Immigration Law Group has a wonderful team of lawyers. They handled my h1b and permanent residence paperwork in a way that really made me feel comfortable and brought me peace through a very stressful time. they are on top of things and always answered my questions in a timely manner. I highly recommend them if you want to make sure everything goes perfectly.

Kiran M.

Everyone at Immigration Law Group, from the attorneys to support staff, have been nothing but helpful, well-informed, and courteous to me from the start until now. Jen, and Catherine in particular, have been super helpful in explaining complicated procedures and processes in easy to understand ways–yet not dumbing down to the level where they are leaving out important details. I feel confident and knowledgeable with ILG working on my case, and there’s a personal level of communication and trust, which also puts me at ease during a difficult and tricky process. I highly recommend Immigration Law Group–I’m so glad I found them!

Andrew O.

We are very satisfied with the Immigration Law Group and the services they had provided us so far. They have very capable staff that is always on top of our cases and help us navigate them successfully. We have had great success with all cases and their rates are very reasonable. They know Immigration law better than any other law firm we worked with. I would recommend them without hesitation!

Alina T.

Frequently Asked Questions (FAQs)

A seasoned H1B visa lawyer plays a pivotal role in navigating the intricate landscape of specialty occupations such as religious workers. Beyond the general requirements, they possess specialized knowledge to address the nuances of roles within religious organizations. From ensuring compliance with immigration regulations to addressing unique considerations related to religious positions, these legal experts streamline the H1B visa process for religious workers, offering guidance on documentation, eligibility criteria, and the intricate legal landscape that defines these specialized roles.

Law offices specializing in immigration bring a wealth of expertise to the H1B visa process. These legal professionals are adept at guiding both employers and employees through the complexities of the application process. Their role encompasses providing in-depth legal advice, ensuring accurate documentation, and facilitating a seamless application journey. By collaborating with law offices, applicants benefit from specialized knowledge and a comprehensive understanding of immigration law, ensuring that every aspect of the H1B visa process is navigated with precision and compliance.

Labor Certification is a critical step in the H1B visa process, signifying that hiring a nonimmigrant worker, particularly through the H1B visa program, will not adversely affect U.S. workers. This process involves validating the necessity of the foreign worker in specific job roles, ensuring that their employment aligns with the broader interests of the domestic workforce. Labor Certification adds a layer of scrutiny to the application, emphasizing the importance of justifying the need for foreign talent in the specified specialty occupation.

Consular processing becomes relevant in certain circumstances within the H1B visa context, specifically when the application is processed through a U.S. embassy or consulate abroad. This process ensures that the foreign worker undergoes legal entry into the United States. Whether due to a change in circumstances or other considerations, consular processing provides a pathway for H1B visa applicants to adhere to legal requirements and obtain the necessary approvals from a U.S. embassy or consulate in their home country.

The key issues surrounding H-1B visas include portability, allowing individuals to change employers without waiting for approval; a 60-day grace period for visa holders in case of employment termination; cap limitations, with an annual cap of 65,000 visas and additional exemptions; dual intent, enabling H-1B holders to pursue permanent residency without affecting their status; and 7th-year extensions based on pending labor certifications or I-140 approvals. Furthermore, work experience evaluations can substitute for a bachelor’s degree, and F-1 student visa holders face OPT Cap-Gap concerns. Overall, these factors highlight the complexities and considerations involved in navigating the H-1B visa process.

We’re ILG, your Immigration Specialists

We Believe in Immigration. We ensure that all our clients get the best chance to a new life in the United States.