At VISASERVE, we represent businesses nationwide looking to sponsor nonimmigrant workers for H-1B Visas. This visa type allows highly educated foreign nationals to work in the U.S. on a temporary basis. Due to the yearly cap on the number of these visas and the strict regulatory scrutiny of the program, it is vital to have the advice and guidance of our experienced H-1B immigration lawyers.

H-1B Immigration Lawyers New Jersey

VISASERVE routinely assists clients with the H-1B Visa application process, which involves completing Form I-129 (Petition for Nonimmigrant Worker), submitting required evidence and supporting documents, and paying the filing fee as prescribed by U.S. Citizenship and Immigration Services (USCIS).

Eligible Workers for an H-1B Visa

  • Individuals in a specialty occupation requiring a minimum of a bachelor’s degree or its equivalent.
  • Those involved in cooperative research projects administered by the U.S. Department of Defense.
  • Fashion models of distinguished merit and ability.
  • Moreover, the foreign worker must have a valid job offer in a specialty field requiring their degree.

Prior to filing the petition with the USCIS, an employer must obtain a work permit by submitting a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL).

The H-1B Visa Cap

The H-1B work visas are in high demand as only 65,000 are issued each fiscal year. An additional cap of 20,000 applies for U.S. Master’s Degree holders.

VISASERVE regularly helps a diverse range of businesses meet their workforce needs by hiring highly skilled foreign workers. To discuss your needs with an experienced H-1B immigration lawyer, please contact our office today.

Alternatives

Given the massive number of H-1B petitions submitted each year, our immigration lawyers also advise clients on alternatives to the program, such as E Visa, L Visa, O Visa, P Visa, R Visa, B-1 Visa, and E-3 Visa.

Cap-Exempt H-1B

Unlock the potential of Cap-Exempt H-1B for your hiring needs. This unique opportunity enables employers from higher education institutions, affiliated nonprofits, governmental and nonprofit research organizations to sponsor foreign professionals outside the annual cap. Broadly, organizations are eligible if they are connected to higher education, dedicated to research, or if they’ve formed a symbiotic relationship with a higher education institution aimed at fostering research or education. Engage in both basic research, aimed at expanding knowledge without immediate commercial application, and applied research, designed to meet specific, recognized needs with commercial objectives. Embrace the opportunity to source top talent globally, free from the constraints of the traditional H-1B cap.

Audits and Investigations

Employers seeking to hire H-1B professional and specialty occupation employees are required by law to submit a completed LCA with the DOL. VISASERVE helps clients ensure full compliance with LCA regulations, maintain meticulous records concerning nonimmigrant employees, and navigate a DOL audit or LCA investigation.

During a typical DOL investigation, documentation requested from the company includes complete public access files, payroll records, and more.

If your business is undergoing an audit investigation for compliance with these regulations, the immigration lawyers at VISASERVE will guide you through the process.

Contact Our Experienced H-1B Visa Attorneys

Whether your business is seeking to sponsor foreign workers under the H-1B Visa program or is facing a DOL audit or LCA investigation, VISASERVE provides the informed representation you need. When you become our client, you can be confident that your business will benefit from hiring workers. Contact our office today to set up an initial consultation.

FY2023 H-1B Registration Fact Sheet for Employers