H-1B Visa Attorneys in San Jose
Verma Law Firm Has the Experience You Need
The most popular of the H-Visa category is the H-1B visa. The H-1B visa is a non-immigrant visa that permits U.S. employers to employ foreign nationals in specialty occupations for a temporary period. A person may hold H-1B status for a maximum of six years, and may be eligible for extensions beyond the six-year limit under certain circumstances. At Verma Law Firm, our H-1B lawyer in San Jose, CA will help you through your immigration matters.
What are the different types of H visas?
- H-1B (specialty occupation)
- H-1B1 (specialty occupations from Singapore and Chile)
- H-1C (Professional Nurses Working in Health Professional Shortage Areas [HPSAs])
- H-2A (temporary agricultural workers)
- H-2B (skilled/unskilled workers where US Citizens and Permanent Residents are not available)
- H-3 (trainees)
- H-4 (accompanying family members of H visa holders)
What are the benefits of an H-1B Visa?
One of the most desirable features of an H-1B visa is its recognition of “dual intent”, meaning that an H-1B worker can apply for a Green Card and become a permanent resident, without having his or her H-1B visa denied or revoked. H-1B visas are advantageous to foreign nationals seeking specialized employment in the U.S. H-1B visas are numerically limited for each fiscal year. This limitation is set by Congress and commonly referred to as the H-1B Cap. For example, the statutory cap for fiscal year 2016 is 65,000 and 20,000 for aliens who obtained a U.S. master’s degree or higher.
Generally speaking, alien workers cannot petition for H-1B status for themselves. The sponsoring U.S. employer must file the H-1B petition for the foreign worker. Therefore, the U.S. employer is usually referred to as the petitioner while the foreign worker is referred to as the beneficiary. To qualify for an H-1B visa, the sponsoring employer and potential employee must meet specific requirements set forth by USCIS and Department of Labor. These requirements include:
- The employee must be employed in a specialty occupation, meaning that the employee must have earned a U.S. Bachelor’s or higher degree or equivalent (the minimum requirement for entry into an H-1B occupation is a four (4) year U.S. Bachelor’s degree or equivalent in a specific field);
- There must be an employer and employee relationship between the sponsoring U.S. employer and the foreign worker; and
- A Labor Condition Application certified by the Department of Labor must be submitted with the H-1B petition.
The spouse and minor children of an H-1B employee can stay in the U.S. on H-4 status. In general, they can study but are not permitted to work.
However, under new regulations that went into effect on May 26, 2015, certain spouses on H-4 status are now eligible to apply for employment authorization in the U.S. Those eligible to apply for employment authorization are H-4 dependent spouses of H-1B visa holders who:
- Have an approved Form I-140; or
- Have been granted an extension of stay beyond the six-year H-1B visa limit under AC21 (American Competitiveness in the Twenty-First Century Act of 2000) based on a pending PERM Labor Certification application or a Form I-140 application that has been pending adjudication for more than 365 days.
Choosing Our H-1B Lawyer in San Jose, CA
Our firm has a team of experienced immigration attorneys and staff members who can help you navigate the complex U.S. immigration laws. Verma Law Firm will ensure that your H-1B petition process goes smoothly and will maximize the chance of your H-1B approval. Please contact us for more information or schedule a legal consultation.
H-1B Visa Related Issues:
- Public Access File
- H-1B Cap-Gap
- Offsite H-1B Employees
- H-1B Visa for Physical Therapist
- USCIS Guidance on Adjudication of H-1B Petitions Filed on Behalf of Nurses
- Filing Amended H-1B Petition When Worksite Changes
- Splitting H-1B Filing Fees and Legal Fees with Employees
- Recapture of Unused H-1B Time
- H-1B Extension beyond Six Years and AC21
- H-1B Portability and AC21
- H-1B Layoffs
- Spouses of H-1B Nonimmigrant Workers May Be Able to Work in the U.S.
- USCIS Released Proposed Rule on Employment Authorization for Certain H-4 Spouses
- Visa Alternatives to H-1B
- Temporary Transfers and Short-Term Placementin regard to H-1B Workers
- H-1B Cases: RFE Trends
- Employer Held Personally Liable for Back Wages and Expenses of Obtaining H-1B and J-1 Waivers
USCIS Memoranda:
- INS Directive on H-1B Travel and AC-21. Michael A. Pearson Memo dated Jan. 29, 2001
- USCIS Letter Addresses Travel After Change of Status
- DOL Finds Filing & Attorney Fees must be paid by Employer
- Amended H-1B not required if LCA certified prior to move
- USCIS Memo re Mexican TN visas & Singapore/Chile free trade H-1B and E visas
- List of Customs & Border Protection Bureau (CBP) deferred inspection offices for correction of erroneous Form I-94s
- Changes to the NSEERS Program, DHS Issues a Fact Sheet, FAQs and Press Release.
- Department of State (DOS) to end revalidation of visas in the US
- Electronic I-9 Signature and Storage Bill signed into Law
- USCIS Memo re H-1B & L-1 Visa holders being allowed to recapture all the days spent outside the US.
- USCIS Memo dated 12/05/2006 on periods of H & L admissions.
- USCIS Memo (09/23/2005) re Interim Guidance Regarding the Impact of the Department of Labor's (DOL) PERM Rule on Determining Labor Certification Validity, Priority Dates for Employment-Based Form I-140 Petitions, Duplicate Labor Certification Requests and Requests for Extension of H-1B Status Beyond the 6th Year.
- USCIS Memo regarding AC 21 issues.
- USCIS Memo rescinds Memo on denials without RFE and new instructions on RFEs.
- USCIS announces Direct Filing Instructions for Form I-129F, I-131, I-140, I-360, I-485, I-765 and I-907.
- USCIS Memo (06/18/2001) Travel After Filing a Request for a Change of Nonimmigrant Status
- Update Regarding New PIMS System

Trusted & Highly Recommended
See What Our Clients Have to Say-
“My green card process was smooth. Thank you Verma for all the help you provide during the process.”
- Chacha -
“They were always available through phone and responded to my emails quickly.”
- Madhuri B. -
“The staff at Verma Law firm were prompt and helped with all the documentation needed for my mom's immigrant visa application.”
- Upendra
-
Fees
Consultation fees will be credited towards legal fees if retained as counsel for your immigration case within 30 days of consultation.
-
Customer Service
With us, you will get client-focused, personalized service. You are not just another case to us.
-
Payment Plans
We charge a flat fee for all cases, and offer a payment plan to those who need it.
-
Convenient Locations
Our offices are conveniently located in San Jose and San Francisco.
-
Experience
Our lead attorney not only has over 23 years of experience, but is also an immigrant himself.