“Is it possible to get an H-1B visa with only 65,000.00 U.S. visas available yearly? Our company can’t afford to pay the prevailing wage to an H-1B employee.
Every year our law firm receives these questions when H-1B season is approaching. Well good news….for over a decade our law firm has successfully navigated the H-1B process for qualified candidates and U.S. employers.
In order to successfully file an H-1B visa, careful planning is essential. Both the employer and employee need to ensure they are an “ideal match” before embarking on the H-1B process together. The following considerations are essential to move forward in the H-1B process:
· Does the position which the U.S. Employer seeks to hire require a 4 year degree based on the Department of Labor (“DOL”) standards?
· Is the Employer willing to hire the Foreign National in either a part time or full time capacity?
· Is the Employer willing to begin work with an immigration attorney at least 90 days in advance of the H-1B season opening for applications in the new upcoming fiscal year?
· Finally, is the Employer able to promptly provide Federal tax Id documentation, Articles of Organization, and register on Dunn & Brad street if necessary?
If a U.S. employer is ready to provide the above essential information, an H-1B visa has a very good chance of approval. DOL will be able to quickly certify the Labor of Condition Application (“LCA”) which is essential to avoid delays and gain approval. Without this essential step, an H-1B filing will be delayed and not ready to file on April 1 of the respective fiscal year. This significantly reduces the chance of capturing an H-1B visa number.
Based on the above, if the answer is “yes” to the mentioned points, you may contact our office at www.scottcclaw.com to meet with one of our experienced immigration attorneys. We have different meeting and office locations based in the Washington D.C. area and surrounding states.
All of our attorneys are members of the American Immigration Lawyers’ Association (“AILA”).
Vassell & LeeRC Law Group
Full Service U.S. Immigration Law Firm
Serving Individuals, Employers, Families & Businesses U.S. Immigration Needs Since 1997