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H-1B Visa

We Know Immigration Matters.

Our Southern California attorneys have handled 12,000+ cases for corporate clients.

H-1B Visa

We Know Immigration Matters

Our Southern California H-1B Visa attorney have handled 12,000+ cases for corporate clients.

Home | Immigration Law | H-1B Visa

Southern California H-1B Visa attorney

Why Choose Us?

Over 12,000 legal matters for Southern California’s business clients have been efficiently resolved due to the efforts of our firm’s legal team. The clientele consists of multinational conglomerates and small start-up businesses from various industries, such as manufacturing, agriculture, accounting/finance/credit card, software/internet, and IT consulting. Garcia & Phan’s h1b visa lawyers who have collectively worked on H-1B cases for over 50 years. During that time, they have amassed vast expertise and obtained approvals for even the most difficult H-1B petitions. The H-1B Visa application was among the most crucial aspects of their immigration law practice.

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.

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IMMIGRATION LAW

AREAS OF EXPERTISE

AREAS OF EXPERTISE

Our Expertise

Mary MasseyMary Massey
03:25 02 Nov 22
Garcia and Phan Personal Injury Lawyers are great at what they do. They helped me after my car accident and got me the money I needed to get my life back on track. Garcia and Phan are great at what they do. They helped me after my car accident and got me the money I needed to get my life back on track. I would highly recommend them to anyone who has been in a car accident. If you've been in a car accident, give Garcia and Phan a call. You won't be disappointed.
Roxanne LewisRoxanne Lewis
17:02 01 Nov 22
Garcia and Phan were a great choice for me after my motorcycle accident. They were attentive and available, and they did a great job of fighting for me. I would recommend them to anyone who needs a personal injury lawyer.
Claire WilliamClaire William
19:02 21 Oct 22
If you're looking for a personal injury lawyer, you want someone who is going to fight for you and get you the compensation you deserve. Garcia and Phan did exactly that for me. I was in a motorcycle accident and contacted them for help. They were attentive, available, and honest with me about my case. I would recommend them to anyone who needs a personal injury lawyer.
john magarajohn magara
09:37 15 Oct 21
I strongly recommend Garcia & phan Law Firm; they helped us with my daughter’s personal injury case. whenever we interacted with an attorney there, they treated us with such consideration and professionalism. Mr. Phan seemed to care about our case as if we were in his own family. He is genuine, thoughtful, responsive and always on the ball. You will certainly be in the best hands with this law firm.
Penny PalomaresPenny Palomares
22:57 09 Jun 21
We have been waiting over a year to hear about my husbands case. Left several messages.Finally had mediation today; this is an of Juan’s expertise areas.Seems our insurance company isn’t as customer friendly has we were lead to believe. Juan came through under tough circumstances. I’m glad we stuck it out with him. Hopefully we can all put this behind us.
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Who Is Eligible For The H-1B Visa?

H-1B Description

The H-1B visa is reserved for foreign professionals with advanced degrees and specialized skills or knowledge. H1b visa requirements include a “specialty occupation” which is defined as an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) a bachelor’s degree or higher in the specific specialty (or its foreign equivalent) for entry into the occupation in the United States. If your status is in jeopardy, your best option is to search for immigration attorneys and find one with experience pertinent to your situation.

H-1B VISA FAQ

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:

  • 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 no strike, lockout, or work stoppage during a labor dispute in the named occupation at the place of employment. If such 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.
Client Reviews
Mary MasseyMary Massey
03:25 02 Nov 22
Garcia and Phan Personal Injury Lawyers are great at what they do. They helped me after my car accident and got me the money I needed to get my life back on track. Garcia and Phan are great at what they do. They helped me after my car accident and got me the money I needed to get my life back on track. I would highly recommend them to anyone who has been in a car accident. If you've been in a car accident, give Garcia and Phan a call. You won't be disappointed.
Roxanne LewisRoxanne Lewis
17:02 01 Nov 22
Garcia and Phan were a great choice for me after my motorcycle accident. They were attentive and available, and they did a great job of fighting for me. I would recommend them to anyone who needs a personal injury lawyer.
Claire WilliamClaire William
19:02 21 Oct 22
If you're looking for a personal injury lawyer, you want someone who is going to fight for you and get you the compensation you deserve. Garcia and Phan did exactly that for me. I was in a motorcycle accident and contacted them for help. They were attentive, available, and honest with me about my case. I would recommend them to anyone who needs a personal injury lawyer.
john magarajohn magara
09:37 15 Oct 21
I strongly recommend Garcia & phan Law Firm; they helped us with my daughter’s personal injury case. whenever we interacted with an attorney there, they treated us with such consideration and professionalism. Mr. Phan seemed to care about our case as if we were in his own family. He is genuine, thoughtful, responsive and always on the ball. You will certainly be in the best hands with this law firm.
Penny PalomaresPenny Palomares
22:57 09 Jun 21
We have been waiting over a year to hear about my husbands case. Left several messages.Finally had mediation today; this is an of Juan’s expertise areas.Seems our insurance company isn’t as customer friendly has we were lead to believe. Juan came through under tough circumstances. I’m glad we stuck it out with him. Hopefully we can all put this behind us.
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