Dedicated Representation for Immigrant Professionals

At Tseitlin Law Firm P.C. we prepare and file visas for professionals (H-1B, NAFTA/TN) . You can rely on us to efficiently and promptly handle every stage of the application process.

H-1B Visa Requirements

The filing period for “new” H-1B petitions to be counted against the annual H-1B quota for Fiscal Year 2016 will began on April 1, 2015. Cap-subject H-1B petitions will have an employment start date of October 1, 2015. F-1 students, J-1 trainees, employees seeking to change to H-1B status from another visa status (such as L-1, TN, O-1, or E-3), and those outside of the United States will seek to file a cap-subject H-1B petition.

Overview of the H-1B Visa Program and Annual Numerical Limitation

The H-1B visa program permits employers to employ foreign workers in specialty occupations that require the theoretical or practical application of a body of highly specialized knowledge. These include engineers, scientists, computer programmers, architects, accountants, writers and other professionals.

Federal law limits the number of new H-1B visas that are available each fiscal year to 65,000. Of that number, 6,800 visas are reserved for citizens of Chile and Singapore as stated in the U.S.-Chile and U.S.-Singapore Free Trade Agreements. An additional 20,000 H-1B visas are also made available for beneficiaries who have obtained an advanced degree (i.e., a Master’s degree or higher) from a U.S. academic institution.

When the U.S. Citizenship and Immigration Services (USCIS) receives more cap-subject H-1B petitions than the annual fiscal year limitation, USCIS usually conducts a random selection process, or lottery.

The first lottery run will be limited to those individuals who possess an advanced degree from a U.S. academic institution. Those H-1B petition which were not selected in first run, will be included in a second lottery run for the “regular” H-1B cap. Those cap-subject petitions that are not randomly selected under this process will be returned with filing fees.

H-1B Cap-Exempt Petitions

H-1B petitions are filed to extend or amend H-1B employment for foreign workers who are already have H-1B status.

The annual fiscal year limitation for H-1B visas was reached within the first week of the filing period for FY 2014 and FY 2015. The filing period will begin in April 1, 2016.

The first step in the process is preparation of the Labor Condition Application (LCA) and its online submission to the U.S. Department of Labor (DOL). On the LCA, employers must attest that they will pay the H-1B worker the higher of the prevailing wage or actual wage for that position in the geographic area of intended employment. The DOL can take up to 10 days to certify an LCA.

To Qualify for H-1B Visa, a candidate must have a job offer, at least a bachelor’s degree or its equivalent and a license, if such license is required to practice in the profession.

The regulations applicable to nonimmigrant visa process are complex. The quota system limiting visa numbers is burdensome. You can rely on us to properly prepare and file all the necessary documentation in your case. We make ourselves available to answer any questions for you. With more than 45 years of legal experience, we understand how the immigration process works and we guide you through it.

Contact our New York lawyers online or call to schedule an appointment to discuss your situation Call 212-944-7434.

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