H-1B Professional Workers/H-4/EAD

This is the visa most companies use to hire foreign professional workers.  The job must be professional in nature, meaning the duties of the position are so specialized in nature that an individual must possess at least a Bachelor’s (or equivalent) degree in the field or a related field.  There is an annual cap on H-1B visas.

There are also significant legal compliance issues that companies need to know about the H-1B visa, including site visits by USCIS officials, Public Access Files and other requirements.  We can help companies with:

  • Initial filings of H-1B applications, as well as H-1B extension for employees.
  • H-1B transfer for future employees.
  • Strategy and responses to USCIS Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs).
  • Labor Condition Application (LCA) and Public Access File compliance.
  • USCIS site visit compliance.
  • Determining how corporate restructuring impacts current H-1B employees.
  • H-1B visa stamping advice.
  • Strategy on issues involving Specialty Occupations, Level 1 prevailing wages and other current H-1B issues.
  • General H-1B strategy for companies and employees.

Spouses and children (under 21) of individuals who hold valid H-1B professional worker status are eligible for H-4 dependent status.  If the spouse holding H-1B status has an approved I-140 Immigrant Petition for Alien Worker, a spouse in H-4 dependent status can also obtain work authorization (EAD). 

If you are interested in obtaining H-1B status, sponsoring an employee for H-1B status, or obtaining an H-4/EAD, please contact us to speak with one of our business immigration attorneys.

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