Washington D.C. H-1B Visas—How a Lawyer Can Help

H-1B visas permit employers to sponsor and employ qualified employees in specialty occupations for up to six years.  An H-1B visa will not put you on a path to a green card or citizenship, but you may have the opportunity to change your status if you so desire.

H-1B visa attorneys in Washington, D.C.

H-1B visas, unlike visas for relatives of U.S. citizens, are subject to an annual cap of 65,000, with an additional 20,000 available to applicants who have advanced degrees and will work in jobs requiring such degrees.  United States Citizenship and Immigration Services (USCIS) begins accepting applications for each year on April 1st of the preceding year, and successful applicants should expect to receive their visas and begin work no sooner than six months after their application is accepted. 

H-1B visa lawyers in Washington, D.C. know how to time your H-1B application so that USCIS will consider your application for the year in which you applied and so that you may start work at the time you designate with your future employer.

H-1B visa requirements

Your employer must file a Labor Condition Application with the Department of Labor Office of Foreign Labor Certification.  The Labor Condition Application must attest that the position you want to fill qualifies as a specialty occupation because:

• It usually demands at least a Bachelor’s degree as a minimum entry requirement.

• The degree requirement is standard for the industry or the job is so complex that only an individual with an advanced degree can perform it.

• The employer itself usually requires a degree or its equivalent for the position.

• The nature of the specific duties entailed by the job is so complex that the knowledge required to perform them is usually associated with a Bachelor’s degree or equivalent or higher.

Likewise, you must show USCIS that you:

• Hold the required degree or equivalent certification, whether from a U.S. or foreign university.

• Hold any state license, certification, or registration required to practice in your specialty occupation.

• At a minimum, have the education, training, or progressive experience in the specialty equivalent to a degree. 

Losing H-1B visa sponsorship

Unlike most visas permitting the holder to work in the United States, H-1B visas tie legal immigration status to a single employer.  If you lose your H-1B visa sponsor, for whatever reason, your H-1B visa becomes invalid.  In such cases, consult with an H-1B visa law firm in Washington, D.C. immediately to examine your options for prolonging your stay and finding other employment.  Many H-1B visa holders are successfully able to transfer their H-1B sponsorship or adjust their status to that of lawful permanent resident or other nonimmigrant status that nonetheless permits them to work.  Only a Washington, D.C. H-1B visa attorney can determine your options with any degree of certainty.

Washington, D.C. H-1B visa law firm

The skilled immigration attorneys at Tobin, O’Connor & Ewing specialize in work and employment issues.  Call us at (202) 536-3359 or email us today to discuss your H-1B visa and how we can help.