H-1B Visa Attorneys in Skokie
Delivering Comprehensive Representation & Results-Driven Counsel
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.
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.
H-1B Visa Caps & When to Apply
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.
USCIS’s fiscal year begins on October 1st. 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.
The H-1B Application Process
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.
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
- 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.
- 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.
- Posting notices of the H-1B filing. The sponsoring company must post notice of the H-1B filing for 10 days.
- 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.
- 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.
- 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 extended up to six years.
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.
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.