H-1B Specialty Occupations Visa

Chicago H1B Visa Immigration Lawyer

Today (3/27/2023), USCIS has announced that they have completed their H1B selection process (H1B Lottery). Congratulations to those who have been selected to proceed to the next H1B application process which is the filing of the actual H1B application (I-129).

Please call 773-687-0549 to speak to our experienced Chicago H1B attorneys today and learn how we can help filing your H1B visa applications timely and properly. As a side note, you are given 90 days to submit your H1b application. Within this 90 days, we you have to prepare the I-129 form, determining prevailing wages, job duties, labor condition certificate etc…Don’t delay and let us help you get started today.

Chicago H1B Visa Lawyer for Foreign Professionals

H-1B visa is one of the most popular employment-based visas for individuals who wish to obtain a temporary visa to work in the United States. A H-1B visa is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. To qualify, the foreign worker must have a bachelor’s degree or its equivalent in a specialized field. The visa is valid for up to three years, and can be extended for an additional three years.

If you are a college graduate/professional worker, HR manager or business owner and want to know the H1B process and it’s eligibility requirements or learn more about H1B extension or other employment based immigration options, feel free to call 773-687-0549 or contact Cipolla Law Group for a consultation.

Cap-subject H-1B Online Application Process

In order to determine whether or not an individual is qualified for H-1B visa status, there are several factors which must be taken into consideration. Most H-1B visas are granted to individuals who have attained a specialized knowledge or experience in their field. Examples of such degrees include, but are not limited to; engineering, information technology, mathematics, and the sciences. H-1B visas may also be obtained by individuals who possess at least 12 years of experience in their field and a recognized certificate or diploma. Additionally, H-1B visas may be granted to persons with special qualifications such as artists, athletes and extraordinary ability professionals.

STEP 1 – H-1B ELIGIBILITY EVALUATION

To obtain an H-1B visa, the employer must file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. The petition must include evidence that the job requires specialized knowledge, as well as proof of the foreign worker’s qualifications.

Eligibility Evaluation by our Chicago H1B Attorneys

We will analyzing the following factors in order to determine whether you are eligible for H1B visa:

• job position
• beneficiary’s credent
• SOC and,
• prevailing wage.

Based on our evaluation, if beneficiary is eligible for a H1B visa, you will be eligible for STEP 2 below.

STEP 2 – H-1B ONLINE REGISTRATION

On 1/27/2023, U.S. Citizenship and Immigration Services announced that registration for FY2024’s cap is beginning soon! The initial period to submit your electronic registrations will begin on March 1 at noon Eastern time and end two weeks later – so don’t wait any longer if this applies to you! All of the registering must be done online through their special system; once complete, they’ll assign a confirmation number specifically used only to track those who have registered. If you’re seeking an experience Chicago immigration law firm to help you with this process, contact CIPOLLA LAW GROUP or call 773-687-0549 for a free 15 minutes consultation.

All prospective employers and H1B workers who want to file an H-1B petition (including for beneficiaries eligible for the advanced degree exemption) must first register online and pay a $10 fee for each prospective beneficiary.

• H-1B Online Registration
• When does that begin? It varies each year. In 2022, it began on March 1. For 2023, we will update the registration period here when it has become available
• Our Services: Our attorneys will analyze the job duties, SOC code, prevailing wage, and beneficiary cap gap issues as well as filing the online registration
• Government registration fee. $10 government filing fee that employer will pay directly to USCIS.

STEP 3 – H-1B PETITION FILIING

When applying for a H1B visa, applicants must first gather the required documents such as a copy of their college diploma/degree or certificate of completion from an accredited school, transcripts, professional licenses, resumes, letters of recommendation, etc. In addition, H1B visa applicants must meet certain wage requirements set forth by USCIS – wages must be at least equal to the prevailing wage rate for the occupation in the geographical area of employment. This wage rate is determined based on surveys conducted by the U.S Department of Labor’s National Prevailing Wage Center and must meet certain criteria as outlined by USCIS.

• File H1B petition on behalf of employer and H1B beneficiary.
  If USCIS (also known as United States Citizenship and Immigration Services) receives more than the capped limit number of H1B applications, they will run a lottery to decide who will be accepted for adjudication. If your H1B is selected in the H-1B lottery, our H1B visa attorneys in Chicago will file the H1B petition on your behalf, based on the information we submitted for the online registration.
• COST? The H-1B employer will be responsible for our normal H-1B attorney fee and expenses such as overnight FedEx. The H1B employer will also be responsible for the H-1B government filing fees. Please see below:

Case Type	Government Filing Fees	Total Filing Fees Amount
H-1B Visa (For employer that has 25 or less employees)	– I-129H petition: $460 – U.S. Worker Training Fee: $750 Fraud Prevention & Detection Fee: $500.00  Premium Processing (Optional): $2,500	$1,710 or $4,210 with Premium Processing.
H-1B Visa (For employer that has 25 or more employees)	– I-129H petition: $460 – U.S. Worker Training Fee: $1,500 – Fraud Prevention & Detection Fee: $500 Premium Processing (Optional): $2,500	$2,460 or $4,960 with Premium Processing.

At Cipolla Law Group, we have handled hundreds of approved H-1B petitions for business owners, HRs and professional workers across America and the world. We have excellent track record. In 2021 alone, 100% of our H1b cases were approved and over 90% of these H1B cases were approved without a request of evidence (RFE). Call 773-687-0549 or contact us online today if you’re interested to learn more about H1b Visa.

H-1B Selection Process

The H1B registration process and petition submission process for FY2024 can be summarized into two stages as follows:

Stage 1: Registration

Stage 2: Filing

Under Stage 1, employers seeking cap-subject H-1B workers must first register with USCIS within the registration period (3/1-3/28/2023) through an online system that will require only basic information about the employers and the foreign workers and pay a non-refundable $10 registration fee for each electronic registration. After the registration closes, USCIS will run the H-1B random selection process on those electronic registrations and will then announce the lottery result.

Under Stage 2, only those with selected registrations will be eligible to file a complete H-1B cap-subject petitions. USCIS will not consider an H-1B cap-subject petition to be properly filed unless it is based on a valid registration selection for the applicable fiscal year. The filing period should be of at least 90 days.

After the H-1B registration period closes, USCIS will run the H-1B lottery process on those electronic registrations. USCIS will then announce the lottery result and only those with selected registrations will be eligible to file H-1B cap-subject petitions. enter the H-1B lottery.

Historically, the first date of H-1B filing each year was April 1st or the next business day if April 1st falls on the weekend or holiday. Due to the limited H1B cap, there was almost always more H-1B filings than the annual H1B cap. To decide which H1b filings make the deadline, USCIS would accept all the timely filed H1B petitions and run a lottery system. Whoever gets selected in the lottery will be accepted by the USCIS for subsequent adjudication. For those that do not get selected by the lottery, their full H1B petitions will be returned to H1B employers.

However, in 2020, USCIS has announced a new H-1B registration system where employers must electronically register the intended H-1B beneficiaries in March.  The registrations will then be subject to a random lottery selection process.  USCIS will then announce the results of the lottery and the registrant selected in the lottery will be given notification to submit the H-1B petition within a period of at least 90 days.  Other registrations may be waitlisted, while other registrations may be informed of not being selected in the H-1B lottery.

H-1B Visa Videos

At Cipolla Law Group, we have handled hundreds of approved H-1B petitions for business owners, HRs and professional workers across America and the world. We have excellent track record. In 2021 alone, 100% of our H1b cases were approved and over 90% of these H1B cases were approved without a request of evidence (RFE). Call 773-687-0549 or contact us online today if you’re interested to learn more about H1b Visa.

HIGH APPROVAL | LOW RFE RATE | FAST APPROVAL

• 

• 

• 

• 

• 

• 

• 

• 

• 

Excellent Approval and Clients’ Reviews

We strive to become the best H1B Immigration Lawyers in Chicago and beyond. We have excellent approval rate and low RFE (request for evidence after initial H1B submission). Check out some of our approved H-1B cases here and positive reviews from our past H1B clients.

At Cipolla Law Group, we have handled hundreds of approved H-1B petitions for business owners, HRs and professional workers across America and the world. We have excellent track record. In 2021 alone, 100% of our H1b cases were approved and over 90% of these H1B cases were approved without a request of evidence (RFE). Call 773-687-0549 or contact us online today if you’re interested to learn more about H1b Visa.

What are the H-1B Visa Requirements?

Generally, to be eligible for an H1B visa, the following criteria should be met:

• Employment offer from a U.S. entity to a foreign national;
• The H1B job position requires theoretical and practical application of a body of specialized knowledge that could only be attained by a specific course of study;
• The foreign national possesses a U.S. Bachelor’s degree or higher, or work experience that is equivalent to a bachelor’s degree directly related to the offered position;
• Employer/H-1B sponsor will pay the foreign national the higher of the prevailing wage – wages must be at least equal to the prevailing wage rate for the occupation in the geographical area of employment. This wage rate is determined based on surveys conducted by the U.S Department of Labor’s National Prevailing Wage Center and must meet certain criteria as outlined by USCIS.

H1B Visa Qualifications

To qualify for the H1B visa petition, the H1b employee must fulfill one of the following qualification requirements:

• have either an U.S. degree or a foreign degree that is equivalent to a U.S. degree, or
• have experience in the specialty equivalent to the completion of such degree; and
• the actual H-1B position requires credentials that prospective employee possesses. For example: An accounting firm is hiring/ sponsoring a H-1B employee who has an Accounting degree to work as an Accountant and such position requires someone with an accounting degree.

At Cipolla Law Group, we have handled hundreds of approved H-1B petitions for business owners, HRs and professional workers across America and the world. We have excellent track record. In 2021 alone, 100% of our H1b cases were approved and over 90% of these H1B cases were approved without a request of evidence (RFE). Call 773-687-0549 or contact us online today if you’re interested to learn more about H1b Visa.

Evaluation of Foreign Degrees for H-1B Employee

Getting your foreign degree evaluated is an important step in applying for an H1B visa. Our Chicago H1B Lawyers help you and to ensure it meets H1B visa requirements and advise you on the best course of action.

If an H-1B employee has a non-U.S./foreign degree, an educational evaluation by experts is required to establish that a foreign degree is equivalent to a U.S. degree or higher in a specialty.

What jobs fall under H-1B visa?

The nature of the H-1B position determines whether it is a specialty occupation.  The requirement that an H-1B position be in a specialty occupation can be met easily in some cases because the position involved already been held by the United States Immigration and Citizen Services (USCIS) to be in a profession such as engineers, scientists, PhD researchers etc.  However, there are gray areas around some of these so called “H1B specialty positions” because to be classified as a “H-1B specialty occupation”, the job position/ job title itself must require the H1B worker to perform duties that relevant to the related H-1B job position.  In essence, the H-1B job duties must match the H-1B position and such position must be one that is considered “H-1B specialty occupation”.

Thus, an example of a “teaching” positions in some daycare settings may not be considered specialty occupation even though “Teachers” are generally considered a specialty occupation as they require at least a bachelor degree as a minimum entry level requirement.  However, since the setting of such teaching positions are in a daycare facility as opposed to a traditional school environment and the duties involved are more of a care taker than a teacher, though the position itself sounds “professional” but because the skills involved in that particular position are not commensurate with professional standing, it will not be categorized as a H-1B specialty occupation.

Positions not in H-1B specialty occupations

When a position is not one of the specialty occupations commonly recognized by the USCIS, it is necessary to demonstrate that the proposed position is in a specialty occupation.  In construing specialty occupation for H-1B purposes, it is helpful if the following criteria can be proven:

1. the entry-level for the position requires at least a bachelor’s degree or higher degree;
2. the employer’s prior practice and the “industry norm” for same positions actually require a degree;
3. the position did not require professional skills but has developed over time to the point that it is now profession;
4. the position is so complex or unique that it requires the services of a profession.

Examples of H1b Jobs in United States

• Accountants
• Architects
• Biologists
• Business Managers
• Chemists
• Computer Scientists
• Computer Systems Analysts
• Dentists
• Lawyers
• Mechanical Engineers
• Physicians
• Software Developers & Software Engineers
• Social Workers

What does “Specialty Occupation” mean?

One of the major H-1B visa requirements is that the offered H-1B job is within a H-1B specialty occupation.  Not all jobs are qualified for a H-1B  that is specialty occupation and it is important to establish that the “job offer” in question is considered a “H-1B specialty occupation” as defined by the Immigration and Nationality Act. The term “specialty occupation” is similar to the definition of “professional” but further requires:

1. the attainment of at least a bachelor’s degree, or
2. years of employment experience that are determined to be the equivalent to a bachelor’s degree.
3. the degree requirement for the offered job is common to the industry or the job is so complex that it requires individual with at least a degree to fulfill such position.

At Cipolla Law Group, we have handled hundreds of approved H-1B petitions for business owners, HRs and professional workers across America and the world. We have excellent track record. In 2021 alone, 100% of our H1b cases were approved and over 90% of these H1B cases were approved without a request of evidence (RFE). Call 773-687-0549 or contact us online today if you’re interested to learn more about H1b Visa.

H-1B Visa Cap

Obtaining an H-1B Visa can be a competitive process. Congress only makes an annual fiscal year limitation (H-1B cap) of 65,000 visas available for applicants that possess a Bachelor’s Degree, and an additional 20,000 Visas for those who have a U.S. Masters or higher Degree.

H-1B Visa Cap Exemption

Not all H-1B petitions are subject to the H-1B cap. As noted by the United States Citizenship and Immigration Services (“USCIS”), these cap-exempt categories may be filed at any time during the fiscal year and they commonly include:

•  Institutions of higher education;
• Related or affiliated not-for-profit entities;
• Not-for-profit research organizations or governmental research organizations.

Validity of H-1B Visa

H-1B visa is generally valid for up to 3 years and may be renewed for another 3 years. The maximum number of years an individual may remain with this status is six years.  Time spent outside the U.S. may be recaptured.

Experienced Chicago H1B IMMIGRATION LAWYERS

Although the USCIS only accepts new H1B visa in March/April each year, but we routinely work on H1B visas throughout the year, including H-1B renewals, H-1B transfer and non cap-subject H1B visas. To learn more about H-1B visa, please call 773-687-0549 or contact us online.

Do you need a Chicago H1B visa lawyer to help you with your H-1B visa?

The current demand for H-1B visas far exceeds supply; therefore it is important for employers and prospective H1B workers to apply for H-1B visas timely and to provide a robust application package. Hiring an Chicago based H1B visa lawyer to help navigate the H-1B application process can be beneficial, as they will have knowledge of the laws and requirements associated with H-1B visas. An Chicago H-1B visa attorney can also provide advice on how to maximize your chances of obtaining the visa. Hiring an H1B visa lawyer is a wise investment that may save time and money in the long run. With their expertise, employers can rest assured that all necessary paperwork is properly filed and submitted to USCIS for review. This helps ensure that foreign workers will be able to remain in the United States legally as soon as the H1B visa permits. Utilizing the services of an experienced and knowledgeable Chicago H1B visa lawyer gives employers peace of mind and the best chance of receiving H-1B visas for foreign workers in a timely manner.

Additionally, a good H1B visa lawyers can help employers understand their legal obligations to H-1B employees, such as paying the prevailing wage and fulfilling all relevant H-1B regulations. H1B visa lawyers also have experience with H-1B paperwork and filing requirements, which are necessary for obtaining visas for foreign workers in specialty occupations. Therefore, an experienced H1B visa lawyer is essential when it comes to helping U.S. employers navigate the complicated process of obtaining H-1B visas for foreign workers. Hiring a good and reputable Chicago H1B visa lawyer is a wise investment that can help to streamline the H-1B application process and enable employers to hire foreign workers quickly and legally. Call 773-687-0549 or contact CIPOLLA LAW GROUP today for a consultation. We handled hundreds of H1B applications and have excellent approval rate for our H1b cases. We look forward to serving you.

You might be interested in:

• H-1B Registration Process
• The Advantages and Disadvantages of H1B Visa
• H-1B Visa Requirements
• H-1B Cap
• H-1B Employee Qualifications
• H-1B Extension
• H-1B Transfer or Change of Employer