Critical H-1B Changes and Updates: Call Now to Learn More

H-1B Immigration Lawyer

Luo & Associates offers comprehensive support in Manhattan and the greater New York area for every phase of your H‑1B application. As a leading H-1B immigration law firm, we have been helping people obtain their visas for over a decade with a 99% approval rate

Here’s a rundown of the kinds of services you can expect from our team of H-1B visa lawyers:

  • Document preparation, employer coordination, and USCIS filings. 
  • Guidance through advanced degree exemptions, electronic registrations, and cap-subject applications.
  • A free initial consultation and a clear flat-fee price of $2,999.

Our AILA-member H-1B immigration lawyers ensure your petition meets all regulatory standards. So there are no delays, no rejections. 

A smiling worker who received their H-1B visa.

The H-1B Visa

The H-1B visa is one of the most common visas foreign workers use to work in the United States. It allows U.S. employers to temporarily employ foreign employees in specialized occupations. Such positions require:

  • Theoretical and practical application of a body of highly detailed knowledge; and
  • Attainment of a bachelor’s or higher degree in the specialty (or its equivalent) is a minimum for entry into the occupation in the United States.

Qualification Criteria

The position must also meet one of the following criteria to qualify as a specialty occupation, as per H-1B immigration lawyers:

  • A bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position.
  • The degree requirement is common to the industry in parallel positions among similar organizations, or the job is so complex or unique that it can be performed only by an individual with a degree.
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
Woman in a white lab coat sitting and looking into a microscope

FAQs

How long is an H-1B visa good for?
The government grants an H-1B visa for three years, and it is extendable for another three, allowing a total stay of six years. In some cases, like pending green card petitions, applicants may qualify for extensions beyond six years under USCIS’s provisions.

All employers must also pay the prevailing wage based on job, location, and experience to comply with Department of Labor standards. The prevailing wage is defined as the average wage paid to similarly employed workers in a specific occupational classification in the area of intended employment. It’s not a single fixed number but varies based on:

  • Occupational Classification (Job Type): Different job titles and duties have different wage expectations. The DOL uses the O*NET-SOC (Standard Occupational Classification) system to categorize jobs.
  • Geographic Area: Wages can vary significantly based on the cost of living and local labor market in a particular city, state, or metropolitan statistical area (MSA).
  • Skill and Experience Level (Wage Level): The DOL classifies each occupation into four wage levels, from Level 1 (entry-level) to Level 4 (fully competent/senior). The higher the level, the more education, experience, and specialized skills are generally required, and thus, the higher the prevailing wage.

H-1B procedures and record-keeping are complex. You’ll need an immigration attorney to complete and file paperwork correctly. With expert guidance from our New York H-1B visa lawyers, you can prevent errors that might otherwise lead to application rejections or status issues.

Verify your attorney’s credentials with the New York State Bar. Avoid unlicensed immigration consultants. Only trust certified H-1B immigration lawyers and firms with proven visa success, clear flat fees, and public approval notices.

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