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Our Southern California attorneys have handled 12,000+ cases for corporate clients.
Our Southern California H-1B Visa attorney have handled 12,000+ cases for corporate clients.
Why Choose Us?
I highly recommend Garcia & Phan for immigration needs. They return calls as promised and provide case updates. They didn’t leave anything to chance, and they took care of our needs.
Garcia & Phan have tremendous H-1B Visa attorney for petition process and take great pride in providing personal legal services for all the employers and employees involved in the H-1B process. We are aware that going through this process can be stressful for both employers and employees, which is why we maintain open lines of communication with both parties throughout the process to discuss the various paths open to them. Because of this ongoing connection and interaction, the process has become significantly less complicated and more streamlined for each of our customers.
1B is a classification for “specialty occupation workers”.
A specialty occupation worker is a person who will be employed to work in a job that requires at least a Bachelor’s degree in a specialized field of study.
The offered position must be a specialty occupation.
The foreigner must meet the requirements for that specialty occupation.
The alien must be compensated at least at the going rate.
H-1B would be available to a foreign worker with a Bachelor’s degree from a U.S. university in the same field in which the sponsor intends to employ.
Alternatively, if the employee’s degree is from a foreign university, it may or may not be equivalent to a Bachelor’s degree in the United States; therefore, we must demonstrate the equivalence between these two degrees.
It is the standard wage paid to U.S. workers in the metropolitan area where the employee will be hired. This rule seeks to protect U.S. workers from displacement, i.e., when a company fills specialty occupation positions with cheaper foreign labor.
Recently, the number of applicants applying for initial H-1B has dramatically 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 with at least an advanced degree from a U.S. university, known as the “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 foreign nationals from Chile and Singapore under U.S. – Chile and U.S. – Singapore free trade agreements.
Because the number of applicants has exceeded the number available, USCIS has conducted a lottery to determine which H-1B petitions will be selected for processing.
It may last 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, they can continue extending the H-1B beyond 6 years.
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 vast experience helping mid-size companies to bring talent from overseas.
In addition, the employer must attest to the following:
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