H-1B (H Visas for Professional Workers)

H-1B Work Visa / H Visa Attorneys

Assisting Employers Nationwide with H-1B and H Visas

Competition for the limited number of H-1B and H-1B1 work visas warrants attention by an experienced and knowledgeable employment immigration attorney. Lawyers at The Shapiro Law Group guide U.S. employers through the process to secure non-immigrant H-1B and H-1B1 work visas for foreign citizens to fill positions requiring a bachelor's degree, advanced degree or a combination of education and experience that is the academic equivalent of a four year U.S. bachelors degree.

Act Now for Fiscal 2009 Work Visa Applications

Based in the Chicago, Illinois metro area, The Shapiro Law Group serves major corporations as well as small and medium-sized businesses throughout the Midwest and across the United States. Principal attorney Ronald Shapiro has practiced exclusively in immigration law for more than 30 years. Call (847) 564-0712 to discuss our capable assistance with H-1B visa and H-1B1 visa applications.

In addition to H1B visas, we handle work visas for citizens of specific countries holding bachelor's or higher degrees.

H-1B Visas for Professionals

The H-1B non-immigrant visa allows temporary employment in the United States for foreign nationals, who do not otherwise have work authorization to enter the U.S. The United States Citizenship and Immigration Services (USCIS) has set the following current cap for H-1B visas:

58,200 H-1B visas are available for individuals who for the first time will fill a position requiring at least a bachelor's degree. Examples of H-1B specialty positions include: financial planner, business analyst, accountant, software engineer, engineer, computer programmer, programming analyst and many other jobs.

An additional 20,000 H-1B visas are available for individuals who have a US masters or higher degree.

Eligibility and Requirements

Sponsored individuals must possess (a) a bachelor's or higher degree or its U.S. equivalent, or (b) a combination of education and experience equal to a U.S. bachelor's or higher degree enabling the employee to perform the duties of the H-1B visa sponsored position.

The wage offered to the H-1B sponsored individual must be at least the prevailing wage, or the actual wage paid to other workers similarly employed, whichever is higher.

H-1B Expiration and Extensions

Employees sponsored to work in the U.S. on an H-1B work visa are initially allowed to work in the U.S. for up to three years. The individual is allowed to work in the U.S. under H-1B visa status for up to six years.

H-1B visa status can be extended in one-year increments beyond the six-year cap if the individual has had a labor certification application pending on their behalf for more than 365 days prior to reaching the cap, H-1B Visa status can be extended for three years if a PERM application is approved, subsequent I 140 application is approved, and immigrant visa number availability does not allow the filing of their green card application.

H-1B Portability

Individuals presently in the U.S. under H-1B work visa status may begin to immediately work for a new H-1B employer as soon as the USCIS receives an H-1B Visa application filed on their behalf.

The H-1B Cap: Proactive Legal Counsel

April 1st, 2009 will now be the earliest date an employer may file a petition requesting H-1B employment on behalf of a prospective employee who has never been classified as an H-1B non-immigrant. The employment start date must be October 1st, 2009 or later (the start of the U.S. Government's Fiscal Year 2010).

[The H-1B cap does not apply to individuals who already are in H-1B status and who are applying for an extension of their H-1B status.]

The ability to file typically closes within a few days after April 1st of each year since the H visa caps are quickly met. Therefore, The Shapiro Law Group recommends that you now begin reviewing your anticipated employment needs as they may relate to the sponsorship of individuals requiring an H-1B work visa for Fiscal Year 2009. We can assist immediately in assembling the documentation required for H-1B approval, in order to submit applications in a timely manner after filing opens.

UPDATE: April 27, 2009 H-1B Cap Count

On April 27, 2009 USCIS updated the count of H-1B petitions received and counted towards the H-1B cap on the USCIS website. As of April 27, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS continues to accept advanced degree petitions stating that experience has shown that not all petitions received are approvable.  -  AILA InfoNet Doc. No. 09042065 (posted Apr. 27, 2009)

H-1B Visa Transfers

Our firm can provide guidance and advice regarding the transfer of an H-1B visa from one employer to another. Get in touch with our firm today to discuss this situation further.

H-1B Visa for Doctors

Doctors who will provide direct patient care may be sponsored for an H-1B visa upon providing the following documentation:

• Proof of valid medical license allowing employment as a physician in the state of intended employment.
• Proof of full and unrestricted license to practice medicine in a foreign state or a degree from a medical school in the United States or a foreign state.
• Proof that the sponsored doctor has passed both parts of the FLEX examination; or Parts I, II, & III of the NBME examination; or steps 1, 2, & 3 of the USMLE.
• Proof that the sponsored doctor has passed the ECFMG or is a graduate of a school of medicine accredited by a body or bodies approved for that purpose by the U.S. Secretary of Education.

Contact a Fully Qualified Work Visa Attorney

The Shapiro Law Group stands ready to assist American employers in processing or extending H-1B visas and discuss requirements or known obstacles. You can reach our attorneys online or call us at (847) 564-0712. We will promptly respond to your inquiry and arrange a consultation at your convenience.