H1B Visa

The H1B visa is a non-immigrant work visa that allows U.S. employers to hire foreign workers in specialized occupations. These occupations typically require expertise in fields such as:

• Information Technology
• Engineering
• Medicine and Healthcare
• Architecture
• Finance
• Education

The H1B visa is employer-sponsored, meaning a U.S. employer must file a petition to hire the foreign worker. A key feature of the H1B visa program is its dual intent, which allows visa holders to apply for permanent residency (Green Card) while working in the U.S.

Example: A software engineer from India, hired by a Silicon Valley tech company, started working in the U.S. after his employer filed his H-1B visa application. With help from Kulen Law, he later transitioned to a Green Card while continuing his job.

To qualify for an H1B visa, the following criteria must be met:

1. Specialized Occupation:
   The position must require specialized knowledge and at least a bachelor’s degree or its equivalent.
   
   • Fields like IT, engineering, and healthcare are typical examples.
2. Educational Qualifications:
   The applicant must have:
   
   • A U.S. bachelor’s degree (or higher) in the relevant field; or
   • A foreign degree equivalent to a U.S. bachelor's degree; or
   • Relevant work experience equivalent to a degree 
3. Employer Sponsorship:
   
   • A U.S. employer must offer a valid job and agree to sponsor the applicant.
   • Employers must file a Labor Condition Application (LCA) to demonstrate they will meet prevailing wage and working condition requirements.

Example:
An architectural firm in New York hired a foreign architect with a master’s degree in architecture. Kulen Law successfully demonstrated that the position qualified as a specialized occupation and met all H1B visa requirements.

The H1B visa application process involves multiple steps that require careful planning and documentation:

Step 1: Lottery Selection (If Applicable)

The annual H1B visa cap means most petitions are subject to a lottery system:

• 65,000 visas are available for regular applicants.
• 20,000 additional visas are reserved for applicants with a U.S. master’s degree or higher.

If a petition is selected in the lottery, the U.S. petitioner must file an H1B application with USCIS, which will then process the case further (Step 2 Filing an LCA and Step 3 Filing Form I-129 with USCIS - please see below).

Step 2: Employer Files a Labor Condition Application (LCA)

Once selected in the H1B Cap quota lottery, the employer submits an LCA to the U.S. Department of Labor (DOL). The LCA confirms:

• The foreign worker will receive the prevailing wage for the position.
• Employing the foreign worker will not adversely affect U.S. workers' conditions.

Step 3: Employer Files the H1B Petition (Form I-129)

Once the LCA is approved, the employer files the Form I-129 (Petition for a Nonimmigrant Worker) with the U.S. Citizenship and Immigration Services (USCIS). Key details include:

• Job description
• Applicant’s qualifications
• Proof that the position requires specialized knowledge

Example:
A healthcare provider in Chicago filed an H1B petition for a registered nurse. With Kulen Law’s assistance, the petition was approved under the regular cap, enabling the nurse to start work without delays.

H1B Visa Application Process

The H1B visa application process involves several detailed steps that require careful planning and documentation to ensure compliance and a successful outcome:

Step 1: Lottery Selection (If Applicable)
Most H1B petitions are subject to the annual visa cap, and the lottery system determines which petitions proceed to the next stage:

• Regular Cap: 65,000 visas are allocated annually for applicants with a bachelor’s degree or equivalent.
• Advanced Degree Exemption: An additional 20,000 visas are reserved for applicants with a U.S. master’s degree or higher.

Employers must register their prospective employees in the online lottery system during the designated registration period, typically in March. If the petition is selected, the employer receives a notification and can proceed with filing the full petition. If not selected, the applicant may explore alternative options such as cap-exempt H1B opportunities.

Key Notes:

• The lottery system only applies to cap-subject petitions.
• Certain employers, such as universities and non-profit research organizations, are exempt from the lottery.
• A $10 non-refundable registration fee per applicant is required for lottery entry.

Step 2: Employer Files a Labor Condition Application (LCA)
After being selected in the lottery, the employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL). The LCA ensures compliance with wage and labor requirements to protect both the foreign worker and U.S. workers.

The employer must certify the following in the LCA:

1. Wages: The foreign worker will be paid the prevailing wage for the position in the specific geographic location.
2. Working Conditions: Hiring the foreign worker will not negatively impact the working conditions of similarly employed U.S. workers.
3. Workplace Notices: Notices of the LCA filing must be posted at the workplace or shared electronically to inform U.S. employees about the petition.
4. No Strike or Lockout: The employer must confirm that no strike or lockout is ongoing in the location where the foreign worker will be employed.

Key Notes:

• The LCA process generally takes 7–10 business days for approval.
• Any inaccuracies in the LCA may lead to petition denial or penalties.

Step 3: Employer Files the H1B Petition (Form I-129)
Once the LCA is approved, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). This step involves preparing and submitting detailed documentation to establish the eligibility of both the employer and the foreign worker.

Key Details in Form I-129 Filing:

1. Job Information:
   
   • A detailed description of the job, including duties, responsibilities, and required qualifications.
   • Evidence that the position qualifies as a "specialty occupation" requiring a bachelor’s degree or higher in a specific field.
2. Employee Qualifications:
   
   • Copies of the applicant's educational credentials, such as diplomas and transcripts.
   • Work experience letters or certifications demonstrating the applicant's qualifications for the role.
3. Employer Information:
   
   • Proof of the employer's ability to pay the offered wage (e.g., tax returns, financial statements).
   • Valid federal employer identification number (FEIN) and other relevant company details.
4. Supporting Evidence:
   
   • A copy of the approved LCA.
   • Passport copies, prior visa approvals, and any other required personal documents of the applicant.

Example:
A healthcare provider in Chicago sought to hire a registered nurse under the H1B visa program. The provider first registered the candidate in the H1B lottery and was selected under the regular cap. The employer then submitted an LCA to ensure compliance with prevailing wage laws. After approval, the healthcare provider filed a detailed Form I-129 petition, including the nurse’s educational credentials, licensing documents, and proof of the specialty nature of the position. With Kulen Law’s expert guidance, the petition was approved promptly, allowing the nurse to begin work without delays.

Cap-Exempt H-1B Applications

Some H-1B applications are exempt from the annual H-1B visa cap, allowing certain employers to file petitions at any time of the year, without being subject to the lottery.

Who Qualifies for Cap-Exemption?
Employers eligible for cap-exempt status include:

1. Nonprofit Research Organizations:
   
   • Organizations conducting advanced research or projects in public interest.
2. Institutions of Higher Education:
   
   • Colleges and universities hiring faculty, researchers, or administrative staff.
3. Nonprofit Entities Affiliated with Higher Education:
   
   • Entities closely associated with universities (e.g., teaching hospitals, research centers).

Benefits of Cap-Exempt H-1B Applications:

• Independent of the H-1B lottery system
• Flexibility to file H-1B petitions year-round.
• Faster hiring timelines for employers in urgent need of specialized talent.

Example:
A medical facility that provides clinical education affiliated with a university needed to hire a medical researcher specializing in infectious diseases. As a cap-exempt organization, the employer was eligible to file the H-1B petition outside the lottery. With Kulen Law's help, the petition was successfully filed, allowing the researcher to start work immediately.

‍H1B Consular Processing

What is H1B Consular Processing?

H1B consular processing refers to the procedure of obtaining an H1B visa from a U.S. embassy or consulate outside the United States. It is typically used by applicants who:

• Are currently outside the U.S. and need to obtain an H1B visa to enter the country.
• Do not wish to pursue an H1B change of status within the U.S.

This process allows foreign workers to begin their employment with a U.S. employer after receiving their visa. At Kulen Law, we ensure that every step of your H1B consular processing is handled with precision and efficiency.

‍H1B Consular Processing Steps

Step 1: Petition Approval by USCIS

The U.S. employer files Form I-129, Petition for a Nonimmigrant Worker. Once approved, USCIS forwards the approval notice to the National Visa Center (NVC).

Step 2: Complete DS-160 Online Nonimmigrant Visa Application

The applicant fills out Form DS-160, providing details about their employment and personal information. It’s crucial to ensure accuracy in this form, as discrepancies can lead to delays.

Step 3: Schedule and Attend the Visa Interview

The applicant schedules an interview at the U.S. consulate in their home country. During the interview, the consular officer evaluates the petition and determines eligibility for the H1B visa.

Example:
An IT professional in India received an H1B job offer from a U.S.-based company. With Kulen Law’s assistance, the H1B consular processing steps were completed without delays, and the applicant began working in the U.S. within weeks of receiving their visa.

When applying for an H1B visa, applicants often face the decision of pursuing a change of status (COS) or consular processing. Here’s a comparison:

Change of Status (COS)

• Applicable to individuals already in the U.S. under a different visa category (e.g., B-2, F-1).
• Allows the applicant to change their visa status without leaving the U.S.
• No need for a consular interview.

Consular Processing

• Used by applicants currently outside the U.S.
• Requires attending a visa interview at a U.S. embassy or consulate.
• Must obtain the visa stamp before entering the U.S.

Which Option is Right for You?
At Kulen Law, we assess your specific situation to determine whether H1B consular processing or change of status is the best path forward, ensuring a smooth and timely transition to H1B status.

How Kulen Law Can Help with Cap-Exempt H-1B Applications

Our experienced team of H1B visa lawyers at Kulen Law specializes in:

• Determining whether an employer qualifies for cap-exemption.
• Preparing and filing petitions for nonprofit organizations and educational institutions.
• Ensuring that all documentation and evidence meet USCIS standards.

Whether your organization is subject to the cap or qualifies for exemption, Kulen Law provides tailored support to help you navigate the H-1B application process efficiently.

The H1B visa process involves various costs and fees that employers and applicants should be aware of. At Kulen Law, we ensure complete transparency regarding fees and provide employers with clear guidance on their financial obligations.

Mandatory H1B Visa Fees

1. Standard Filing Fee for Form I-129:
   
   • $460 for small employers (25 or fewer full-time employees) and nonprofits.
   • $780 for larger employers (more than 25 full-time employees).
2. ACWIA Fee (American Competitiveness and Workforce Improvement Act):
   
   • $750 for companies with 1-25 full-time employees.
   • $1,500 for companies with 26 or more employees.
3. Fraud Prevention and Detection Fee:
   
   • $500 for all new H1B petitions and transfers.
4. Public Law 114-113 Fee:
   
   • $4,000 for employers with more than 50 employees, where more than 50% are H1B or L1 visa holders.
5. Asylum Program Fee:
   
   • $300 for small employers (25 or fewer full-time employees).
   • $600 for larger employers (more than 25 full-time employees).
   • Nonprofits are exempt from this fee.

Additional Costs (Optional)

• Premium Processing Fee:
  
  • $2,805 to expedite the decision within 15 business days.
• Attorney Fee: We offer fixed and transparent attorney fees, ensuring you have a clear understanding of the costs involved as you begin your immigration journey. Our fees are based on the complexity of your case, and after thoroughly evaluating your situation, we will provide a customized quote.

‍*USCIS filing fees are determined by the U.S. Citizenship and Immigration Services and may change periodically. You can find the most up-to-date fee schedule directly on their website: https://www.uscis.gov/forms/filing-fees

The H1B visa is initially valid for up to three years but can be renewed or extended for a total maximum period of six years. Kulen Law assists both employers and employees in preparing comprehensive renewal applications to avoid disruptions in employment.

When to File for an H1B Visa Renewal

Employers and visa holders can file a renewal application as early as six months before the current visa expires, up until the expiration date..

H1B Visa Extension Beyond 6 Years

Under certain conditions, H1B visa holders may qualify for extensions beyond the six-year limit:

1. Pending Green Card Application:
   
   • If a PERM labor certification or Form I-140 petition has been filed 365 days before the H1B expiration, the employee may qualify for one-year extensions.
2. Approved I-140 Petition:
   
   • Employees with an approved Form I-140 may qualify for extensions in three-year increments.

Example:
An engineering firm in Texas sought to renew an employee's H-1B visa as it neared its third year. Kulen Law filed the renewal on time, allowing the employee to continue working without interruption. Later, the employee qualified for a three-year extension through the Green Card process.

H1B visa stamping is the process of obtaining the visa stamp in the applicant’s passport, which allows them to enter the United States under H1B status. At Kulen Law, we guide applicants through every step of this process to ensure they meet all requirements.

Where to Schedule H1B Visa Stamping

H1B visa stamping is typically done at:

1. U.S. Consulates or Embassies Abroad: Applicants can schedule an appointment in their home country.
2. Within the United States (H1B Domestic Renewal): Under limited conditions, certain applicants can renew their H1B visa stamp without leaving the U.S.

Steps for H1B Visa Stamping

1. Complete Form DS-160:
   Applicants must complete the DS-160 visa application form and pay the associated visa fees.
2. Schedule the Appointment:
   Applicants need to book an appointment at a U.S. consulate or embassy.
3. Attend the Visa Interview:
   Bring the required documents, including:
   
   • Passport
   • Approved Form I-129
   • Visa appointment confirmation
   • Employment offer letter

Example:
An H-1B visa holder working for a finance company in New York needed to renew their visa stamp. Kulen Law helped them complete the DS-160 form, schedule the appointment, and prepare for the interview. The visa stamping was successfully processed at the U.S. consulate in their home country.

Next Steps:

Let me know if this section meets your expectations. Once confirmed, I’ll proceed with the next three sections:

1. H1B Visa Jobs and Sponsorship
2. Family and Dependent Visas
3. Transitioning from H1B to Green Card

Securing an H1B visa requires both the employee and employer to meet specific conditions. At Kulen Law, we assist employers in navigating the sponsorship process and help foreign professionals identify H1B visa jobs that align with their qualifications.

What are H1B Visa Jobs?

H1B visa jobs refer to positions in specialized occupations that require advanced knowledge and at least a bachelor’s degree. Common industries include:

• Information Technology: Software engineers, data analysts, cybersecurity experts.
• Healthcare: Registered nurses, physicians, therapists.
• Finance: Financial analysts, accountants.
• Engineering: Civil engineers, mechanical engineers, systems engineers.
• Education: Professors, researchers.

H1B Visa Sponsorship Jobs

For an applicant to qualify for an H1B visa, a U.S. employer must sponsor their petition. Sponsorship involves filing the necessary paperwork and agreeing to pay the required wages.

Example:
A mid-sized tech company in Seattle sought to hire a foreign cybersecurity expert for a critical role. Kulen Law helped the employer complete the Labor Condition Application (LCA), prepare their Public Access Folder (PAF) and file the H-1B visa petition. The position was approved, and the employee began enhancing the company’s cybersecurity efforts..

How to Find H1B Sponsorship Jobs

• Job Portals: Many websites post positions specifically requiring H1B sponsorship.
• Networking: Professional platforms like LinkedIn are key to identifying employers open to H1B sponsorship.
• Specialized Recruitment Firms: Employers often work with recruiters familiar with the H1B process.

The H1B visa also allows visa holders to bring their families to the U.S. under the H4 dependent visa. At Kulen Law, we assist families in navigating the H4 application process, ensuring a smooth transition.

What is an H4 Visa?

The H4 visa is issued to the spouse and dependent children (under 21 years old) of H1B visa holders.

Key Features of the H4 Visa

• Duration: The H4 visa is valid for the same period as the principal H1B visa.
• Work Authorization:
  
  • H4 spouses may apply for Employment Authorization Document (EAD) if the H1B visa holder has an approved I-140 petition for a Green Card.
• Education: H4 visa holders can study in the U.S. without needing a separate student visa.

Example:
An H1B visa holder working for a consulting firm in Boston brought his family to the U.S. Kulen Law guided his spouse through the H4 EAD application process, allowing her to begin working as a software developer.

One of the major benefits of the H1B visa is its dual intent feature, which allows holders to apply for a Green Card while working in the U.S. At Kulen Law, we specialize in helping H1B visa holders and employers navigate the Green Card transition seamlessly.

Steps to Transition from H1B to Green Card

1. PERM Labor Certification:
   
   • The employer files a PERM labor certification with the Department of Labor (DOL) to prove there are no qualified U.S. workers available for the position.
2. I-140 Petition:
   
   • Once the PERM is approved, the employer files the Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
3. Adjustment of Status:
   
   • If a Green Card is available under the applicant’s preference category (e.g., EB-2, EB-3), the applicant can file Form I-485 to adjust status to permanent resident.

Benefits of Transitioning to a Green Card

• Permanent residency allows individuals to live and work in the U.S. indefinitely.
• No employment restrictions after you obtain a Green Card.

Example:
An H1B visa holder working as a civil engineer in California began the Green Card process with his employer's sponsorship. Kulen Law handled the PERM labor certification and I-140 petition, ensuring all paperwork was accurate and submitted on time. Within two years, the employee successfully received his Green Card.

The H1B visa offers foreign professionals the opportunity to work in the United States for a limited period, with options for extensions and adjustments. At Kulen Law, we ensure that both employers and employees understand the rules and timelines associated with H1B status.

Duration of the H1B Visa

• Initial Validity: The H1B visa is valid for up to 3 years.
• Extensions: The visa can be extended for an additional 3 years, making the total maximum period 6 years.

Special Circumstances for Extended Stay

Under certain conditions, H1B visa holders may remain in the U.S. beyond the six-year limit:

1. Pending Green Card Application:
   
   • If a PERM labor certification or Form I-140 petition has been pending for at least 365 days, H1B visa holders can apply for one-year extensions.
2. Approved I-140 Petition:
   
   • With an approved Form I-140, H1B visa holders are eligible for three-year extensions until their Green Card becomes available.

Rules to Maintain H1B Status

To stay compliant with H1B visa regulations, visa holders must:

1. Work only for the sponsoring employer under the terms outlined in the petition.
2. File for H1B visa transfer if changing employers.
3. Ensure their visa remains valid and apply for extensions before expiration.

Example:
A mechanical engineer nearing the six-year H1B limit applied for an extension through an approved I-140 petition. Kulen Law successfully filed for a three-year extension, allowing him to continue working legally in the U.S. while waiting for his Green Card.

For many H1B visa applicants, attending the H1B visa interview is the final step in the process. At Kulen Law, we provide comprehensive preparation to ensure a smooth experience at the U.S. consulate or embassy.

Common H1B Visa Interview Questions

Applicants should be prepared to answer questions about:

1. Their Job:
   
   • What is your job title?
   • What are your responsibilities?
   • How does your job relate to your qualifications?
2. Employer Details:
   
   • Who is your employer?
   • What does the company do?
   • How did you secure this job?
3. Education and Experience:
   
   • What is your highest degree?
   • Do you have any relevant work experience?
4. Intent to Return:
   
   • What are your plans after your H1B visa expires?

Required Documents for the H1B Visa Interview

• Valid passport
• Form DS-160 confirmation page
• Appointment confirmation letter
• Original I-797 Approval Notice
• Employment offer letter from the sponsoring employer
• Academic transcripts and certifications

Example:
A software developer attending his interview at the U.S. Embassy in India was thoroughly prepared with Kulen Law’s guidance. By presenting all required documents and confidently answering questions about his role and employer, he received his H1B visa without delays.

The H1B visa timeline varies depending on processing methods, employer requirements, and government review times. Kulen Law assists clients in understanding these timelines and choosing the best options for their needs.

Key Phases of the H1B Visa Timeline

1. H1B Lottery Results:
2. If the petition is subject to the H1B cap, applicants are notified of lottery results around April.
3. Labor Condition Application (LCA):
   
   • Filing and approval of the LCA typically takes 7-10 business days.
4. H1B Petition Processing:
   
   • Regular Processing: USCIS can take anywhere from 2 to 6 months to process Form I-129.
   • Premium Processing: By paying a fee of $2,805, USCIS guarantees a response within 15 calendar days.
5. Consular Processing or Change of Status:
   
   • After approval, applicants schedule their visa stamping appointment or adjust status within the U.S.

Factors that Affect Processing Time

• Volume of petitions filed during the H1B season.
• Whether premium processing is selected.
• Completeness and accuracy of the submitted petition.

Example:
A financial analyst in New York filed their petition under regular processing but later opted for premium processing to meet their employer’s project deadline. Kulen Law ensured the transition was seamless, and the petition was approved within 15 calendar days.

Conclusion

The H1B visa is a valuable pathway for skilled foreign professionals seeking employment in the United States. From understanding the basics of the H1B visa to navigating the complex application process, renewals, and eventual transition to a Green Card, every step requires precision and expertise.

At Kulen Law, we are committed to simplifying this process for both employers and employees. Whether you need help filing an H1B visa application, managing extensions, or preparing for your visa interview, our experienced team ensures compliance with all legal requirements while maximizing your chances of success.

If you are looking for tailored legal support for your H1B visa journey, Kulen Law is your trusted partner in immigration matters.