H-1B PERM Resource Center
What is the H-1B Visa Program?
The H-1B visa provides the opportunity for foreign professionals to work in the United States. It allows employers to hire qualified foreign workers in the U.S. in specialty occupations on a temporary basis. The foreign professional has the possibility to obtain a U.S. position based on his/her acquired skills.
In order to be eligible for the H-1B Visa, the U.S. employer and potential employee are obligated to adhere to all of the USCIS conditions and regulations; many of which can change regularly. The H-1B visa requirements strive to ensure that the U.S. employer and foreign professional comply with the Department of Labor standards.
The H-1B visa is one of many employment-based visas in the U.S. It was designed to help American employers to hire international talent in specialty occupations. In particular, companies can bring foreign workers with at least a bachelor’s degree or equivalent to work in the U.S. The H-1B visa has a special quality as it is a “dual intent” visa, meaning that although it is a temporary visa, holders have the option to obtain a green card (permanent residency).
H-1B is a great immigration pathway for individuals that are well-educated and/or have a job offer from a U.S. employer. Historically, these occupations have been in engineering, medicine, technology, and other fields that require advanced skills, however we have seen changes and broadening of this fields as time progresses and the needs of US-based employers changes.
How We Can Help You Obtain Your H-1B Visa:
We understand this process is complex and can be confusing. Let us help. Elkhalil Law provides comprehensive visa services for H-1B visas including:
We take care of your H-1B visa filing from start to finish. Schedule a consultation with our business immigration attorneys and tell them about your H-1B goals. Our experts will help you throughout all steps of the entire process including:
Step 1:
Working with both employees/employers and the Department of Labor throughout the process of obtaining PERM Certification
Determining whether your bachelor’s degree is related to your employer’s job field and/or making adjustments as needed.
Doing a Prevailing Wage search for your job position in different areas and with different companies as required by the Department of Labor.
Determining whether your job is a specialty occupation job and structuring your filings appropriately.
Preparing and filing Form ETA 9089.
Working with the employer to ensure that all mandatory steps are taken under Department of Labor guidelines, including the filing of a job order with the SWA and 2 printed advertisements in newspapers or professional publications for a 30 day minimum period.
Step 2:
Filing Form I-140 (Once Step 1-Perm Certification-is approved).
Filing with a premium processing fee if you have opted for a premium processing service.
Our legal team can also take care of any other procedures/details needed for your H-1B visa filing.
Step 3:
Once Steps 1 and 2 have been completed, we can also help in the final step and adjust your status either from the United States via an I-485 petition or through consular processing if you would like to remain in your home country during the time period your application is pending prior to working for your US-based employer.
Filing H-1B Visa Transfer/Extension (if needed)
Once approved, an H-1B visa is granted for up to three years and if you want to work for more than three years, your H-1B visa employer has to file for an extension to the application.
Our business immigration attorneys can help you to file for your extension application.
Additionally, if within the period of 3 years you decided to change your H-1B employer, we can file your transfer petition as well.
Filing for F-1 to H-1B Visa Transfers
In the United States, foreign nationals can apply to American universities to broaden their career prospects and begin or continue their careers in the United States. After the completion of their studies, foreign nationals can then go toward Optional Practical Training (OPT) and Curricular Practical Training (CPT) or get a H-1B sponsored job with a US employer. There are many paths this can take, but timing and a correct application done by experienced attorneys can simplify it for you/help to guide you on the most expedient pathway to success.
How Can We Help You?
We are here to help you with your case.
Our business immigration attorneys provide assistance with review of your documents and can advise you regarding your potential eligibility under H-1B, as well as work with you throughout the entire process in order to expedite a seamless application.
We offer all consultations over the phone (domestic and International) as well as provide video conferencing consultations through Zoom, WhatsApp, or FaceTime to better assist you.