Get your H-1B!

Specialty Occupation Visa

The H-1B visa is a non-immigrant employment-based visa that has relatively few qualification requirements. The visa is eligible for an extension, for a total of up to 6 years.

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H-1B ELIGIBILITY
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Please answer these questions to the best of your ability. Not all of these questions require a “yes” answer to be eligible for an H-1B visa.

1. Do you have a baccalaureate/post-high school degree?
2. How many years of experience do you have in the field?
3. Do you have a job offer in hand, or significant interest from a U. S. employer?
H-1B ELIGIBILITY
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Please answer these questions to the best of your ability. Not all of these questions require a “yes” answer to be eligible for an H-1B visa.

1. How many employees does your company have?
2. How many H-1B employees does your company have?
3. How many H-1B employees are you looking to hire in the next year?
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It looks like you meet the minimum requirements for the H-1B visa. Press the button below to schedule a consultation with one of our attorneys.

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H-1B Visa – Requirements, Process, and Cost
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    The non-immigrant beneficiary must possess a Bachelor’s Degree and must have been offered temporary, full-time position in a specialty occupation by a company in the United States.

  • The H-1B process is designed to accommodate up to 65,000 new visas per fiscal year, as well as 20,000 visas reserved for professionals possessing a Master's Degree or higher.

  • The H-1B visa is granted for an initial period of up to 3 years, and is eligible for an extension of up to an additional 3 years of employment in the United States.

  • The H-1B visa carries a cost from $1,525 in government filing fees, and an additional cost for preparation and filing services.

  • For last fiscal year, the H1B Cap opened on April 1st and was exhausted by the end of the first week. Please make sure to contact us as early as possible for H-1B Cap cases.

H-1B Visa Process
  • need to hurry up!
    February 23
    NOW
  • Prepare Petition Contact us up to March 27th
  • filing petitions April 1
  • start working October 1
  • 1

    Review the H1-B Visa process and H1-B Visa requirements with the Bay Immigration Law team.

  • 2

    Review the H-1B visa cost, including legal fees for preparation and filing of the petition, and USCIS government fees.

  • 3

    Collect all the necessary H-1B visa documents, as requested by Bay Immigration Law team.

  • 4

    Review Company’s H-1B visa documents.

  • 5

    Review Beneficiary’s H-1B visa documents.

  • 6

    Review Proposed Position requirements.

  • 7

    Determine if the employer, beneficiary, and proposed role meet the necessary H-1B visa requirements, as set out by USCIS.

  • 8

    Prepare and file the H-1B visa documents on, or shortly after April 1 of thcurrent calendar year, to ensure the petition is submitted prior to the Cap being met.

  • 9

    Upon approval of the petition, or prior to the expiration of the granted H-1B visa, determine with Bay Immigration Law the possibility of an extension of the beneficiary's H-1B visa status.

  • 10

    Prepare and file H-1B visa documents for an H-1B visa extension, if applicable.

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Our team
YANA
ALBRECHT
Managing Attorney
(Palo Alto, USA)

Yana Albrecht received her Doctor of Jurisprudence degree from Suffolk University Law School in Boston, MA, where she was a member of the Transnational Law Review. While in law school, Ms. Albrecht specialized in the International and Immigration Law and continued her International and Comparative Law LLM studies at McGill University Law School in Montreal, Canada. After working as an associate and supervising attorney for several medium to large law firms in Boston and San Francisco, Ms. Albrecht decided to start her own immigration law practice in the heart of Silicon Valley in Palo Alto, CA.

PATRICIA
LIMACO
Associate Attorney
(Palo Alto, USA)

Ms. Limaco is an experienced bilingual immigration attorney. Prior to joining Bay Immigration Law, Ms. Limaco worked with a mid size firm in San Francisco covering all aspects of immigration law. Patricia received her Bachelor’s Degree from Amherst College. She received her Juris Doctor Degree from Santa Clara University School of Law. During her law school career, Ms. Limaco interned with the Katherine and George Alexander Community Law Center working closely with community members to assist in their immigration needs.

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FAQ
What is the H1B visa?
The H-1B visa is designed for an individual that possesses at minimum a bachelor’s degree or equivalent (based on work experience) that has been offered a specialty occupation position by a US company. A specialty occupation is one in which in order to perform the job duties, an individual must have highly specialized knowledge of a specific field, knowledge that can only be obtained through a bachelor’s degree program or equivalent.
Who is eligible to apply?
Generally, one may qualify for H1B employment if the offered position normally requires a bachelor’s degree or its equivalent. The individual must have received education in a particular field of study that is relevant to the offered position. One must have the required education or its equivalent at the time the case is filed.
What if I don’t have a University degree?
Experienced professional workers may still qualify for a H-1B visa if based on a system which awards points for work and educational experience. To qualify for an H1B visa, the foreign worker needs 12 points. Each year of university is equivalent to 3 points. Each year of related experience is 1 point. Accordingly, a foreign worker may substitute 1 year of university education for 3 years of relevant work experience.
What qualifies as a “specialty occupation”?
Specialty Occupation is defined as requiring:
  • – Theoretical and practical application of a body of a highly specialized knowledge, and
  • – Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent).
Why is the US Department of Labor involved, and do I need to contact them prior to beginning the process?
The Department of Labor certifies the company’s offered wage and ensures it meets the required prevailing wage for the industry and location. We handle all communication with Department of Labor on behalf of the petitioner.
When would my start date be?
October 1st of the same year.
How long is the maximum term of the visa?
An H-1B visa is granted in three (3) year increments for a period of up to six (6) years. If you exit the United States for at least one year, the clock on the H-1B limit resets. Any days spent outside of the U.S. during the validity of the H-1B status, can be reclaimed, up to the maximum 6 years of presence in the H-1B status.
What is the role of an attorney in the H-1B petition process?
An attorney can help you and the employer present the best case for approval of the H-1B status application to the USCIS. However, an attorney cannot guarantee success of an H-1B application nor can an attorney obtain an H-1B for an unqualified person. In many cases, an attorney may be able to determine in advance whether or not your position and credentials would qualify for an H-1B.
Am I responsible for paying the legal and government fees for my H-1B petition?
The employer must pay the government fees, including the training and anti-fraud fees. The legal fees payable to the attorney may be paid by either the employer or the employee.
What is the “H1B Lottery”?
Congress has set a cap of 65,000 in the number of new H-1B visas that may be granted each fiscal year (October to September of each year). Petitions may be filed beginning in April 1st of each year. Each fiscal year, the number of new applications typically exceeds the number of available visas. In that case, USCIS pools all qualified applications received by the cutoff date (this date can change each year depending on the volume of applications) and then randomly draws applications from the pool for processing until all available visas are exhausted. Applications that are not selected for processing are returned to the Petitioner.
What qualifies as a US-equivalent degree?
The term generally refers to a 4-year baccalaureate degree.
What if I have a Master’s Degree?
If you have a U.S.-based Master’s Degree (issued by a U.S. university) then you are allotted two lottery attempts. The first is in the Master’s CAP pool, which has a maximum of 20,000 available spots. If you are not chosen in this lottery then you are transferred to the regular pool where there are 65,000 spots available.
What are some examples of “specialty occupation” positions?
Specialty occupation encompasses the definition of professional. A “professional” has been previously defined to include the below. However, this is not an exhaustive list. Accountant, Acupuncturist, Chef, Chiropractor, Computer Programmer, Cost-Estimator, Dairy Management Specialist, Database Administrator (Document Quality Specialist), Dietician, Electronics Specialist, Fashion Designer, Film and Video Editor, General manager, Graphic Designer, Health Services Manager, Hotel Management, Human Resource manager, Industrial Designer, Interior Designer, Investment Analyst, Journalist, Librarian, Market Research Analyst, Medical Records Librarian, Medical technologist, Minister, Orthopedist, Painting Restorer, Personal Financial Advisor, Pharmacist, Purchasing Agent, Rehabilitation Coordinator, Showroom Manager, Social Worker, Software Design Engineer, Soil Conservationist, Strategic Planning Manager, Teacher (Public Primary and Secondary), Technical Publications Writer, Vocational Counselor, Webographer.
When do I apply for the H-1B?
The first day CIS will begin receiving H1B CAP cases is April 1st. All cases received in the first five business days of April are included in the lottery.
Can I Premium Process the H1B CAP application?
Yes.
What if I start working for the petitioning employer, but want to work for another company?
Under certain and very specific circumstances, a foreign worker may transfer employer companies if the new position is substantially the same as the one for which H-1B status was initially granted. A foreign worker seeking to transfer employers should consult with an immigration attorney prior to making any changes in employment.
What status would my spouse and children have when I am granted H-1B Status?
Dependents of H-1B status holders (legal spouse and children under age 21) can apply for H-4 status. H-4 status holders are not eligible to work except in limited situations. For more information please visit the USCIS website.
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