Find Legal Help From An Experienced H-1B Lawyer
For foreign workers offered employment in the United States in a professional specialty occupation, the H-1B temporary work visa covers all nationalities and a broad array of professions, adhering to U.S. Department of Labor wages and standards for employment. With the FY2024 H-1B cap registration lottery period approaching, hiring an attorney thoroughly familiar with all aspects of H-1B filings can help your prospective U.S. employer prepare and submit a complete and timely petition to USCIS and guide the you and your employer through the process, to optimize your chances of success.
Timely Filing with One of the Best H-1B Lawyers in New York
If the foreign professional holds the required educational requirements for the position and the employer’s cap lottery registration for that worker is selected, the next step is to find an immigration lawyer experienced with H-1B visas to assist in your filing. Karin Wolman has over 27 years of experience helping qualified foreign employees and employers obtain temporary work visa status in a timely and effective manner. Ms. Wolman’s law practice is devoted exclusively to U.S. immigration and nationality law, and she has helped hundreds of clients acquire the right work visas for a variety of situations.
Schedule a Consultation Regarding An H-1B Visa
Karin Wolman can offer a free 5-minute “basic H-1B eligibility screen” by phone or email, for either the employer or the worker, with these facts:
• What is the job title? (with a brief 1 or 2 sentence description of the job duties)
• What is the offered salary?
• What degree does this employer require, in what academic field(s), as a minimum required for this offered job?
• What type of degree does the worker have (e.g. Bachelor’s, Master’s, PhD), in what academic field?
However, in many cases, an in-depth consultation will still be needed.
So you have a job offer or promising candidate, and you already know that you need a lawyer to help prepare & file an H-1B petition. Why should you schedule a paid consultation?
A. Do you understand how the H-1B random selection lottery process works, and when the deadlines are?
B. Have you assessed whether there are any other visa options available if that H-1B petition is not selected for processing in this year’s lottery? (last year, in 2022, chances were around 17%)
C. Do you know what issues relevant to this job opportunity might trigger a Request For Evidence?
D. Do you know which occupations meet the definition of a professional specialty occupation, which ones are commonly challenged, & which ones require a lot more detail and documentation?
E. Can the employer document a clear nexus between the specific field in which a degree is required and the job duties of the offered position? Has this employer required a degree in that same field for previous employees who held this job? Do others employers normally require the same degree for this type of job?
F. Which prevailing wage level matches the offered salary the employer has offered? Salary offer may affect whether the job is deemed a professional one.
G. Where is the work location where the job duties will be performed? Does the job offer involve providing any services at third-party worksites?
H. Does the employer have a current profile in the Dun & Bradstreet VIBE database?
I. Do you understand the difference between a change of status and a “straight petition” that requests consular processing?
J. Are there any gaps in maintenance of valid visa status or passport?
K. Applicable USCIS filing fees are affected by employer size and staffing structure, and by the proportion of US staff who already hold H-1B status.
L. Do you understand the rules for F-1 cap-gap work authorization, what starts and terminates it, and whether you may be eligible for STEM OPT extension?
M. Do you know the rules on travel abroad on an F-1 visa after H-1B petition filing and before H-1B visa issuance, and the impact this could have on cap-gap work authorization?
Contact Our Immigration Law Office
Not sure about these questions or what the next steps are to obtaining an H-1B visa? Contact the Law Office of Karin Wolman today for an eligibility screening, and a consultation to learn about the next steps toward filing your H-1B petition. For more information regarding H-1B visas, including H-1B cap issues, cap exemptions, and other information, please refer to our blog.