H-1B Visa Attorneys in Skokie

Seasoned Representation and Results-Driven Counsel for H-1B Visas

The H-1B is one of the most sought-after U.S. nonimmigrant visas. It is given to foreign nationals with exceptional skill and expertise in a specialty occupation. The H-1B visa is a coveted opportunity for people around the world seeking employment in the United States’ booming technology industry. Because of its competitive nature, the application process can be a daunting task for many applicants.

At Gambacorta Law, we offer the depth of experience and strategic planning needed to enhance your chances of successfully obtaining an H-1B visa. Our attorneys provide personalized assistance, ensuring each application is meticulously prepared and tailored to meet USCIS's stringent requirements. By constantly staying informed of the latest immigration policies and regulations, we help our clients navigate through complexities with confidence.

Gambacorta Law understands the H-1B application process from the inside out and can help you navigate it efficiently. We have helped numerous foreign nationals find employment in the U.S. on the H-1B visa and look forward to hearing your story and handling your case.

Call a skilled H-1B visa attorney at (847) 443-9303 or contact us online to get started. Our services are available in Tagalog, Thai, Spanish & Vietnamese

H-1B Visa Caps and Optimal Application Timing

The government has imposed a cap of 65,000 H-1B visas each fiscal year. Of those 65,000 visas, 6,800 are set aside for citizens of Chile and Singapore under Free Trade Agreements between the U.S. and these countries. This cap makes timely and strategic application crucial, and it can be beneficial to prepare applications well in advance of deadlines.

USCIS's fiscal year begins on October 1. You can file an H-1B petition up to six months in advance of April 1, which is the requested effective date. Because demand for H-1B visas is so high, the earlier you can submit your application, the better. Applicants are encouraged to begin preparations even before opening dates, a practice that can include obtaining necessary documents, securing a sponsoring employer, and consulting with an immigration attorney to outline a strategy that enhances application success.

What Does the H-1B Application Process Look Like?

To start, you must have an employment offer and sponsorship from a U.S. employer. Once you have secured a job offer, you can begin your petition. It is critical that this job offer is from an employer who understands or is willing to comply with the intricate legal obligations that come with sponsorship.

The application process involves:

• Obtaining H-1B-Qualified Employment. Your employer can be an individual, a partnership, or a corporation. Your visa is only valid for work with the petitioning employer. It’s important to have your job duties and qualifications matched with the H-1B requirements for specialty occupations, detailing how your skills align with U.S. market needs.
• Determining the Prevailing Wage and Actual Wage. The prevailing wage is determined by the State Employment Security Agency. The actual wage is calculated by comparing similar workers’ wages in similar positions. Your sponsoring employer must pay the higher of the two. Clear documentation supporting these calculations should be maintained to ensure compliance and avoid legal complications.
• Filing the Labor Certification Application (LCA). The LCA must be completed and signed by the employer. When approved, a certified copy of the LCA will be returned to the employer. Accurate completion and prompt submission of this form is essential, as any errors could delay the entire process significantly.
• Posting Notices of the H-1B Filing. The sponsoring company must post notice of the H-1B filing for 10 days. This transparency measure helps ensure that the process is compliant with regulations, and it informs existing staff about the workplace's intention to hire a foreign worker.
• Filing the H-1B Petition. It can take several months for your petition to be processed. You cannot begin employment until USCIS has issued your visa. Applicants and employers should maintain consistent communication during this time to assist with any evolving requirements or requests from USCIS.
• Receiving a Receipt from USCIS. USCIS will send a receipt to the sponsoring company. The receipt will have a nine-digit case number. Once your prospective employer has received this receipt, they can forward you the information. Keeping this receipt number accessible is important, as it allows tracking of the petition status.
• Petition Approval or Rejection. If approved, the employer will receive an approval notice including the dates of validity for the foreign worker’s H-1B status, which can last up to three years and be extended up to six years. In cases of rejection, detailed reasoning may be provided, allowing you to understand potential areas of re-application focus or to contest the decision if advisable.

An H-1B holder’s spouse and unmarried children under age 21 can obtain an H-4 visa, which is a derivative status. They can accompany the H-1B holder to live in the U.S. and may also attend U.S. schools. H-4 visa holders need to note that, while they can reside in the U.S., obtaining work authorization requires additional steps through USCIS.

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Community Support and Local Resources in Skokie, IL

Skokie, IL, offers a vibrant community with resources to support immigrants, including those on H-1B visas. The Skokie Public Library is known for hosting informational sessions on navigating immigration processes, where individuals can gain insights into their rights and available community support. Leveraging these resources can provide a supportive backdrop for those transitioning into life and work in the U.S.

Another advantage of being located in Skokie is its proximity to Chicago. This connection not only provides broader employment opportunities for H-1B visa holders but also opens up access to larger networks of immigrant communities and professional support organizations. Engaging with these networks can be instrumental for new residents in building both professional connections and personal relationships, enhancing their experience in the U.S.

Want to see if you are eligible to apply for an H-1B? Learn more about the process by calling our Skokie H-1B attorneys at (847) 443-9303.

Frequently Asked Questions

What Are the Requirements for an Employer Sponsoring an H-1B Visa?

Employers who wish to sponsor an H-1B visa must meet several important requirements. First, they must demonstrate that they are offering a position in a "specialty occupation," which requires specialized knowledge and a bachelor’s degree or higher in the specific field. Employers must also ensure they can pay the prevailing and actual wages for the position, providing financial evidence that supports their ability to do so. This wage determination is crucial to safeguard the standard of living for visa holders and maintain fairness in the hiring process.

Employers are required to comply with the Labor Condition Application regulations, including posting notification of the H-1B filing within the workplace and submitting the appropriate documentation to the Department of Labor. Maintaining records and documentation substantiating the position and employment terms is key throughout the process. At Gambacorta Law, we assist employers in Skokie by navigating these regulations and ensuring compliance, thereby facilitating a smooth application process.

How Long Does It Take To Get An H-1B Visa Approved?

The timeline for H-1B visa approval can vary depending on factors such as USCIS processing times, lottery selection, and whether premium processing is used. Standard processing may take several months, while premium processing can provide a decision in as little as 15 calendar days. Working with an experienced H-1B visa lawyer in Skokie can help you prepare a complete petition and avoid delays that might otherwise slow down your case.

What Should I Do If My H-1B Petition Is Denied?

If your H-1B petition is denied, you will receive a notice from USCIS detailing the reasons for the denial. Common reasons for denial include insufficient documentation, failure to prove that the position qualifies as a specialty occupation, or discrepancies in required evidence. It is crucial to thoroughly review this notice with your attorney to understand the reasons and assess the next steps.

Options following a denial may include filing a Motion to Reopen or Reconsider, which involves providing new evidence or demonstrating that the original decision was incorrect based on the existing record. Additionally, refilling the petition with corrected deficiencies is another approach. At Gambacorta Law, we support clients in Skokie by providing comprehensive analyses of denial reasons and formulating strategic responses, ensuring the best possible path forward for each unique case.

For dedicated legal assistance, connect with our qualified H-1B visa lawyer. Contact (847) 443-9303 to arrange your consultation right away.