DuPage County H-1B Visa Immigration Attorneys

Skilled Guidance for Clients with H-1B Immigration Issues in Illinois

H-1B visas allow foreign workers in specialized fields to work temporarily in the United States. Applicants must have a certain level of education and meet other criteria to qualify. Once the visa is obtained, the employee goes directly to work for the company that sponsored them. After moving to the U.S., the employee may transfer to a different employer. H-1B immigration issues such as initial approvals and employment transfers can be quite complicated, however, and the assistance of a skilled immigration lawyer can help ensure a more smooth and seamless process.

At Mevorah & Giglio Law Offices, we have several decades of combined experience assisting clients with all types of immigration issues, including H-1B visas, family-based visas, student visas, employment-based visas, temporary visas, naturalization, deportation/removal, and asylum. Our award-winning lawyers regularly represent clients in Chicagoland and throughout Northern Illinois before the U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration Customs Enforcement (ICE), and we have a strong track record of success handling cases before these agencies.

We have been recognized not only for our experience and skill but for our tireless commitment to protecting the interests of our clients. Our attorneys are honest, compassionate, responsive and down to earth. We understand the frustration many employers and foreign workers experience with H-1B immigration issues, and we put our experience to work to help clients navigate the complexities of federal immigration law, so they can be placed with their new employers in a timely manner.

H-1B Visa Requirements

H-1B visas are specifically for workers who are highly educated and entering a specialized occupation. These include engineers, computer scientists, biologists, chemists, architects, physicians, business executives, and many others. The general requirements are as follows:

• Applicants must possess a bachelor’s degree (or equivalent) or higher, or work experience that is equivalent to a bachelor’s degree;
• Knowledge of the H-1B visa job must have been obtained almost entirely through studies at an institution of higher learning, and the job position must require a precise course of study; and
• A U.S. company must be willing to sponsor the applicant and pay them the prevailing wage for the position for which they are applying.

H-1B Visa Caps and Exemptions

There is an annual cap of 85,000 total H-1B visas approved each fiscal year. This presents a timing challenge for employers around when to lodge the application and when they can expect their H-1B worker to begin employment. Employers who are exempt from the cap can avoid the entire H-1B immigration timing issue. In general, exempt employers fall into three categories:

• Institutions of higher learning;
• Non-profit organizations that have a relationship or affiliation with an institution of higher learning; and
• Non-profit research organizations or U.S. government research organizations.

H-1B visas are valid for up to three years and can be extended once for a total of six years. H-1B visas may also be transferred from one qualified employer to another. However, this can get tricky, especially when an employee is transferring from a cap-exempt position to a position that is subject to the annual cap. To successfully navigate this process, it is important to work with an experienced immigration attorney. For skilled assistance with all types of H-1B immigration issues in Illinois, contact Mevorah & Giglio Law Offices today at 630-932-9100630-932-9100.