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Immigration Blog

Immigration Blog

The Immigration attorneys at Chamberlain Hrdlicka have considerable experience handling the entire spectrum of immigration matters for individuals, families and businesses both in the U.S. and abroad. We have represented clients in all parts of the United States and in more than 100 countries.

We have represented companies and non-profit organizations both in the U.S. and abroad in obtaining U.S. immigrant and non-immigrant visas through the employment, business and investment categories, as well as in U.S. citizenship matters. Additional expertise includes employment cases, labor certifications and consular work.

For individuals, we have handled a wide range of immigration matters including visa processing, naturalizations and defense of removal (deportation) cases. And with support from the Tax Planning group, have assisted in pre-immigration tax planning.

While the constant change in U.S. immigration laws presents challenges for many in this area of work, we are at the forefront of this rapidly changing field of law. As members of the American Immigration Lawyers Association and founding members of IMMLAW, Chamberlain’s immigration team actively participates in the exchange of ideas and information in emerging areas so that our clients can benefit from the most innovative techniques in the ever-changing immigration environment.

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H-1B Visa Season

H-1B visa season is upon us. Here is a handy breakdown of the process. Please do not hesitate to contact our office should you have any questions.

  1. H-1B Qualification. The employee must qualify for a specialty occupation. A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
  2. The Prevailing Wage and actual wage must be determined and compared. The H-1B sponsoring company is required to pay the higher of the two. The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. It is determined by the State Employment Security Agency by completing a special form, which asks the employer for the responsibilities, skills and experience needed for the job.
  3. H-1B Registration. H-1B sponsoring company completes a registration process, which requires only basic information about the company and the requested workers. The registration is open for a brief period of time each year, typically in March. For 2022, the registration opens on March 9 and closes on March 25. Selection of the cases take place after the registration period closes.
  4. H-1B Lottery. To be considered, your case must be selected into the H-1B lottery. There is an annual numerical limitation of 65,000 for H-1B visa status, with an additional 20,000 H-1B visas for foreign nationals holding US advanced degrees.
  5. File the Labor Certification Application (LCA).If your case is accepted into the lottery, you must file a Labor Certification Application. The LCA is a form that contains information about the H-1B Sponsoring Company. By completing and signing the form, the sponsor company agrees to pay the higher of the two wages, confirms that the employment of the applicant will not adversely affect the conditions of other workers and that there is no strike for the specific occupation at the workplace. H-1B sponsor companies must attest that they will offer H1B visa holders the same benefits as their other workers. These benefits include health, life, retirement, stock options and bonuses. 
  6. H-1B Petition assembled & filed with appropriate USCIS Service office. The filing must include the required forms, fees, documents and required information, such as form I-129, education & experience evaluation & documents, training certificates, professional memberships, resume, employment agreement and letter of support.
  7. Adjudication. Processing times vary depending upon service center. If the petition meets the standard of specialty occupation and the employee meets requirements for the H-1B the offered job, the case will be approved.
Categories: Immigration
  • Kisshia  Simmons
    Senior Counsel

    Kisshia Simmons is an Immigration practitioner with about 20 years of experience.

    Prior to joining the firm, Ms. Simmons was a Founder and Partner with a law firm in New York City. Ms. Simmons has represented small and medium-sized ...