H-1B Visa Description
The attorneys at ILOLA have successfully processed over 12,500 cases for their corporate clients. The clients range from multinational conglomerate companies to small start-up companies in diverse industries including software/internet companies of all types, accounting/finance/credit card companies, manufacturing companies, agriculture-related companies to IT consulting companies. The attorneys at ILOLA have more than 50 years of cumulative H-1B experience and have developed tremendous expertise and successfully received approvals on even the most difficult H-1Bs. H-1B comprised one of their largest portion of the immigration law practice along with H-1B visa transfers. We also assist with H-1B denial appeals.
The attorneys at ILOLA have developed tremendous expertise in H-1B petition process and take great pride in providing personal legal services for all the employers and employees involved in the H-1B process. We understand that this process can be stressful for both employers and employee during this process, so we remain in constant communication with the employers and employee to discuss their options, status of the cases and their responsibilities going forward. This constant communication and dialogue have helped to make this process very easy and smooth for all our clients.
Tips for H1B Visa Applicants in 2025
Obtaining an H-1B visa as an employer or a qualified foreign national worker can be very challenging, especially since the U.S. government has reduced the number of H-1B visas issued each fiscal year to 65,000. It is crucial to meet the eligibility requirements and to file the appropriate documentation as soon as possible to ensure the success of your application. In previous years, the annual quota has been met in a matter of days.
If you are a Recruiter, and you want to bring foreign talent to your company, find helpful tips about Employment Based Visas.
For legal advice on your immigration issue, contact our immigration law office today today. Attorney Linda Lee and her associates can guide you through the complicated immigration process and help you fill out and file the necessary paperwork so you can get a head start on your new life in the United States. For more information, call (213) 375-4084.
Here are some tips to help you navigate through the perils of the USCIS application process.
- Make sure your occupation is listed in the specialty jobs list published by the government. This list can be found on our website. It is best if your job title has the exact name of the occupation.
- The job offer and job description must both present evidence of why this position requires a minimum of a bachelor’s degree. The job description should have a very detailed explanation that includes the position summary, duties, and responsibilities, as well as the percentage of time spent on each job duty. It has to be more than a dozen bullet points or a one-page description.
- Your employment contract must show that your employer is in control of your pay, day-to-day management, providing your equipment or tools, and has direct review of the employee in your position. In other words, you should not have any similarities to an independent contractor.
- Your employer should provide additional documentation of the need for a degreed professional for this position. Such evidence could include:
- Job description (see point #2 above),
- Employment contract (see point #3 above),
- Employment offer letter,
- Description of performance review process,
- Organizational charts,
- Employee handbook,
- Contracts with clients,
- Classified ads for the position,
- The educational information on the previous employees in that same position, and
- How their company is more unique than other similar companies in the industry (if those other companies don’t require a bachelor’s degree for that position).
- If your bachelor’s degree has not been found to meet U.S. standards, you will need some work experience in that field. Specifically, you will need three years of work experience every year you are found deficient. Arrange with your Los Angeles work visa attorney to have your credentials and your work experience assessed by an authorized agency.
H-1B Visa FAQ
What is the H-1B Visa?
H-1B is a classification for “specialty occupation workers”.
A specialty occupation worker is a person who will be employed to work in a job which requires at least a Bachelor’s degree in a specialized field of study.
What are the general requirements for an H-1B Visa?
The position being offered must be a specialty occupation.
The alien must be qualified for that specialty occupation.
The alien must be paid at least the prevailing wage.
What are examples of specialty occupations?
A foreign worker with a Bachelor’s degree from a US University in exactly the field in which the sponsor intends to employ him would be qualified for H-1B.
On the other hand, if the employee’s degree is from a foreign university it may, or may not be equivalent to a U.S. Bachelor’s, so we must show the equivalence between these two degrees.
What is the prevailing wage?
Is the average of the wages paid to similarly employed US workers in the metropolitan area in which the employee will work. This rule seeks to protect U.S. workers against displacement;
i.e. a company hires cheaper foreign labor for specialty occupation positions.
Is there a lottery process for H-1B visas?
Recently, the number of applicants applying for initial H-1B have greatly exceeded the number of annual initial H-1B allocated per year.
For example, for FY 2019, USCIS received 190,098 initial H-1B petitions. Each year, there is a cap of 20,000 H-1Bs allocated to foreign nationals who have at least an advanced degree from a U.S. university (frequently known as “Master’s Cap”) and 65,000 for all other foreign nationals.
Therefore, there are 85,000 H-1Bs per year allocated for initial applications.
Of the 65,000, 6,800 is set aside for alien nationals from Chile and Singapore pursuant to U.S. – Chile and U.S. – Singapore free trade agreements.
Because the number of applicants have exceeded the number available, USCIS has conducted a lottery to determine which H-1B petitions will be selected for processing.
How long does an H-1B visa last for?
It may be approved for up to 3 years, and can be extended another 3 years for a total of 6 years. However, if the alien national has an approved I-140, then he/she can continue to extend the H-1B beyond the 6 year period.
Does the company size matter?
In reality, it can matter as it relates to whether the company has filed for a similar position in the past, its revenues, net profit and the nature of the specialty occupation. Nonetheless, our firm has a vast experience helping mid-size companies to bring talent from overseas.
What are some attestations that the employer must make for purposes of H-1B petition?
In addition, the employer must attest to the following:
Foreign workers will not adversely affect the working conditions of workers similarly employed. The employer further attests that the foreign national will be afforded working conditions on the same basis, and in accordance with the same criteria, as offered to U.S. workers.
There is not a strike, lockout, or work stoppage in the course of a labor dispute in the named occupation at the place of employment, and if such even occurs, the employer shall notify ETA (Employment & Training Administration) within 3 days of such an event.
Labor Condition Application (LCA) has been or will be provided to workers employed in the named occupation.
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