H1B Visa Attorney Located in New Jersey, New York and Indiana

At the Nachman Phulwani Zimovcak (NPZ) Law Group, we represent businesses seeking to sponsor nonimmigrant workers for H-1B Visas on a nationwide basis. This type of visa allows highly educated foreign nationals to work in the U.S. on a temporary basis. Because there is a cap on the number of H-1B Visas granted each year, and because the program is subject to strict regulatory scrutiny, it is crucial to have the advice and guidance of our experienced H-1B immigration lawyers.

H-IB Visa Requirements

Under guidelines of U.S. Citizenship and Immigration Services (USCIS), employers are required to file a petition to qualify a nonimmigrant worker for an H-1B Visa. NPZ Law Group regularly assists clients with the application process, which involves completing Form I-129 (Petition for Nonimmigrant Worker), submitting required evidence and supporting documents, and paying the filing fee. 

Workers who are eligible to have a petition submitted for an H-1B Visa on their behalf include:

• Individuals in a specialty occupation that requires at least a bachelor’s degree or its equivalent (H-1B Visa)
• Those who will be involved in cooperative research projects administered by the U.S. Department of Defense (H-1B2 Visa)
• Fashion models of distinguished merit and ability (H-1B3 Visa)

In addition, the foreign worker must have a valid employment offer for a job in a specialty field that requires use of his or her degree. 

Before 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). LCA regulations require employers to attest to the following: 

1. The foreign worker will be paid the actual wage paid to current employees who perform the same work or the prevailing wage for that occupation in the geographical area
2. Employing an H-1B worker will not adversely impact the working conditions of  native-born workers at the company
3. There is no strike, lockout or work stoppage at the place of employment
4. Current employees have been notified of the employer’s intent to hire an H-1B worker

Once the LCA is approved, the employer submits it along with the completed petition. 

In short, there are a number of benefits to the H-1B Visa program. U.S. employers gain access to highly skilled foreign workers for specialty occupations that cannot otherwise be filled by domestic workers. At the same time, international workers can earn higher wages in the U.S. than in their home countries and also have the opportunity to become legal permanent residents. As mentioned above, there is a statutory cap on the number of H-1B Visas granted each year: the sooner you contact the immigration lawyers at NPZ Law Group, the sooner we can help you meet your H-1B worker needs. 

The H-1B Visa Cap

H-1B work visas are in high demand because only 65,000 are issued each fiscal year (Oct. 1 - Sept. 30). In addition, each year 6,800 skilled foreign workers from Chile (1,400) and Singapore (5,400) are issued an H-1B1 visa. There is also a cap of 20,000 for U.S. Master's Degree holders.

H-1B visas are valid for a three-year period and can be extended for one additional three-year period. After a worker has resided in the U.S. for six continuous years, he or she must leave and remain outside the U.S. for at least one year before another H-1B visa can be issued.

The immigration attorneys of NPZ Law Group regularly help a wide range of businesses meet their workforce needs by hiring highly skilled foreign workers. We have filed hundreds of H-1B petitions for our clients, from international students, to small businesses, to large, publicly traded corporations. To discuss your H-1B visa needs with an experienced H-1B immigration lawyer, please contact our office today.

New Regulation for H-1B

• The upcoming H-1B lottery season will be significantly different from how it has been in recent years.

• These changes will have a significant impact on F-1 nonimmigrants that are on OPT/STEM OPT and seek to utilize cap-gap to extend their work authorization until September 30.

• USCIS has announced that it will be conducting an electronic preregistration of all cap-subject H-1B petitions.

• This pre-registration will be conducted from March 1 through March 18, USCIS will then run the H-1B lottery, notify companies of selected registrants by April 1, and then companies will be given a window of at least 90 days to file their H-1B cap-subject petition(s).

• Pre-registration process

• Electronic  Submission

• $10 fee for each beneficiary

• March 1 – March 18

H-1B Alternatives

Given the overwhelming number of H-1B petitions submitted each year (over 200,000 in the most recent fiscal year), the USCIS relies on a computer generated lottery system to select applicants; the time frame for submitting a petition is quite narrow. In the event that an application for an H-1B Visa is rejected, our immigration lawyers also advise clients on alternatives to the H-1B Visa program, such as:

• E Visa
• L Visa
• O Visa
• P Visa
• R Visa
• B-1 Visa
• E-3 Visa

At NPZ Law Group, we are well-aware of the challenges nonimmigrant workers face obtaining H-1B Visas. Our H-1B immigration lawyers have the skills and experience to help your business navigate the complexities of U.S. immigration laws. Above all, we will work closely with you to help your business compete in the global economy by tapping the pool of highly skilled foreign workers. 

H-1B Audits and Investigations

Employers seeking to hire H-1B professional and specialty occupation employees are required by law to submit a completed Labor Condition Application (LCA) with the DOL. To enforce compliance with prevailing wage conditions and other requirements of the LCA, the DOL periodically audits H-1B employers (both those that are H-1B dependent and those that are not).

An audit may arise when a current or former employee files a complaint with the DOL or the agency targets a specific industry for investigation. In some cases, a state labor department may initiate an investigation and share the information with federal authorities. In others, the Office of Federal Contract Compliance (OFCCP) will conduct an audit and then, depending upon its findings, share the information with the U.S. DOL.

A DOL H-1B investigation generally starts with an initial audit letter from a DOL officer in the Wage and Hour Division. The DOL officer may meet or speak by telephone with the company’s  authorized representatives and obtain an initial statement. After the target company receives the DOL’s letter, an LCA investigation may commence, sometimes taking several years to complete.

During the investigation, an experienced immigration lawyer should handle all dealings with the investigators and work to mitigate the fines and penalties that may be assessed. The DOL can penalize an employer for engaging in the following violations of LCA rules: 

• Willful failure to pay the required wages
• Failure to maintain public access files
• Retaliation against employees who have filed a complaint

Generally, fines and penalties can take two forms: (1) payment of back wages and (2) penalties for LCA violations. The latter includes:

• Civil fines for willful violators of the displacement provisions
• Criminal fines and incarceration (for egregious violations that rise to the level of criminal conduct by the employer)
• Termination of participation in the H-1B program (referred to as debarment)

Once the DOL concludes its investigation and issues a final determination, the employer can either pay the fines and penalties or challenge the ruling before an immigration judge through an Administrative Hearing.

How NPZ Group Handles DOL Audits and LCA Investigations

At NPZ Law Group, P.C., we recommend that clients and potential clients take steps to ensure full compliance with LCA regulations. This starts by maintaining meticulous records concerning  H-1B nonimmigrant employees. Although the regulations provide a checklist of the items employers are required to maintain in the Public Access File, following these guidelines can be complicated. This is where NPZ Law Group’s immigration and nationality come in. 

We are well-versed in the applicable DOL rules and and work closely with our clients to implement record-keeping policies and procedures that enable them to emerge unscathed from a DOL audit or LCA investigation. We also work with clients to reduce the likelihood of employee complaints by helping to conduct internal audits of all applicable records.

Our immigration lawyers can help you to assemble an "audit team" which, depending upon the composition of your company, may include personnel from the company's HR department, payroll department, benefits department, and in-house counsel.  

Based on our experience, a DOL audit or LCA investigation will focus on issues such as: 

• Wages -- Are the H-1B employees paid and was the pay similar to that of the other company employees?
• Treatment -- Are the H-1B employees otherwise treated similarly to other employees?
• LCA specifics -- Has the company accurately completed the LCA? Is the H-1B employee working in the same location listed on the LCA and under the same job title?
• Displacement and Recruitment issues -- Is the employer H-1B dependent? Has a U.S. worker been replaced by an H-1B employee? Did the H-1B employer attempt to recruit a U.S. employee if required to do so? Is the Public Access File properly maintained and accessible? Can the employer immediately provide the required documents to an interested party? Did the proper postings take place at the proper places?

During a typical DOL investigation, the following documentation will be requested from the company:

•  Complete Public Access Files including postings and certifications

•  Payroll records including Federal and State Return Filings

•  List of similarly situated U.S. workers and their wages

•  Complete copies of H-1B Petitions

•  Listing of differences in job duties between H-1B employees and non-H-1B employees

•  Listing of benefits and deductions for H-1B employees and non-H-1B employees

If your business is undergoing an audit investigation for compliance with H-1B regulations, the immigration lawyers at NPZ Law Group will guide you through the process. We have a proven history of helping organizations with significant H-1B needs achieve full compliance with applicable state and federal regulations and mitigating the risk of penalties and fines.

Contact Our Experienced H-1B Visa Attorneys

If your business is looking to sponsor foreign workers under the H-1B Visa program or facing a DOL audit or LCA investigation, you need the informed representation that NPZ Law Group provides. Our immigration lawyers have a well-earned reputation for protecting our clients’ interests, as well as for asserting the rights of immigrant and nonimmigrant workers. When you become our client, you will have confidence, knowing that your business will be able to benefit from hiring H-1B workers. Please contact our office today to set up an initial consultation.