H-1B Visas

Colorado Immigration Law Firm Serving Boulder and Denver H1-B Visa Attorney

The H-1B visa is a nonimmigrant visa available to people who work in a "specialty occupation." People who have the equivalent of a U.S. bachelor's degree AND who work in a position which requires at least a bachelor's degree commonly use this type of visa.

An employer asks for the visa on behalf of a foreign national that the company wishes to employ. The employer will file a labor condition application (LCA) with the Department of Labor attesting that the company will pay the employee the average wage paid to workers in a similar position and that the employee will receive benefits and working conditions similar to other company employees. After the LCA is filed, the company will file forms with the U.S. Citizenship and Immigration Services (formerly the Immigration and Naturalization Service) to ask for the H-1B visa or status.

Normally, there is no need to show that there are no qualified U.S. workers for the position or that the company has made any attempt to recruit U.S. workers unless the company employs many H-1B workers. The company only needs to intend to hire the foreign national.

If you hire us to represent you throughout this process, we will prepare all the necessary forms and documents and guide you through this process. We try to make this process as easy on the employer as possible.

There is a limit on the number of H-1B visas the U.S. government can issue each year. This is commonly referred to as the "H-1B cap." We will want to discuss this important issue as it may dramatically affect when and how we process the paperwork and when you may start your employment.

Each H-1B is valid for a maximum of three years. An alien may remain in H-1B status for a maximum period of six years. During that time, the employee may only work for the petitioning employer in the position which is described on the application forms. This causes a great deal of loyalty between H-1B employees and their employers. Extensions past the six years may be possible if the employee is seeking permanent residence through a process called Labor Certification or if the employer has filed an Immigrant Petition on the employee's behalf.

If you have questions about the requirements to obtain an H1-B visa, contact our Colorado immigration lawyer. We handle nonimmigrant work visas in Boulder and Denver. H1-B visa attorney Lisa E. Battan is committed to providing efficient immigration law services for clients on the front range, throughout Colorado, and around the world.