Chicago H-1B Visa Lawyer
Helping H-1B Applicants in Chicago & Beyond
H-1B visas are non-immigrant visas that allow skilled, highly educated workers to reside in the United States to help U.S. companies. However, the U.S. has a strict cap on these visas, which currently stands at 85,000 for this year. This total number of visas includes 65,000 new visas available for overseas workers with at least a bachelor’s degree, and 20,000 for workers with advanced degrees from U.S. universities. If you are interested in obtaining an H-1B visa to work in the United States, our H-1B attorneys in Chicago at Milla & Associates, LLC can help.
Ready to get started? Contact us online or call (312) 702-1782.
Our Chicago H-1B visa attorneys at Milla & Associates are ready to
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Who Is Eligible for H-1B Visa?
In order to qualify for a specialty occupation H-1B visa, the job the applicant takes must meet one of the following criteria:
- Requires a bachelor’s degree or higher
- The degree required for the occupation is typical for that industry, or the job in question is so specific that it requires that the worker has a certain degree
- The employer requires a degree for the position
- The duties of the worker will be so specialized that worker must have experience gained only by one who would have a bachelor’s degree or higher
Eligibility for H-1B visas depends largely on the individual’s education and their field. The H-1B visas were created to support the U.S. economy by allowing skilled workers to enter the United States workforce in specialized fields where experts and professionals are scarce. These specialized fields include IT, finance, accounting, architecture, engineering, mathematics, science, medicine, and other occupations that require in-depth understanding and substantial education.
How Do I Apply for an H-1B Visa?
- Find an H-1B sponsor. You must find a U.S. employer who is willing to sponsor you into the United States. When applying for the position, be sure to specify that you will require sponsorship to enter the country.
- If you are hired, your employer must submit a Labor Conditions Approval (LCA). This may be done electronically and is sent to the Department of Labor for approval.
- When the LCA is approved, your employer must file Form I-219, Petition for a Nonimmigrant Worker. The processing time for this may vary based on the service center that is handling your documents. On average, it may take 3 - 4 months, however, expedited processing is available for an additional fee.
- When the petition is approved, you can then apply to get your visa processed at your home country’s U.S. embassy or consulate. This may take 2 - 3 days but also varies depending on your location.
How Long Does it Take to Get an H-1B Approved?
The processing time depends on the USCIS. There have been cases where applicants have received approval in as little as 30 days, but others have waited much longer. Because there is a limit as to how many petitions are approved per year, it is advised that employers petition 6 months in advance before the employee starts their job. This allows time for applying again in the event that USCIS rejects the petition.
Premium processing of the I-219 petition is available to employers who are willing to pay an extra $2,500 fee. This guarantees a decision within 15 business days of filing or after responding to a Request for Evidence (RFE).
How Long Does an H-1B Visa Last?
Workers who obtain H-1B visas will hold their visas for up to 3 years and may extend the visa for a maximum of 6 years. Most H-1B visa holders obtain U.S. citizenship during that duration by obtaining their green card. Family members of H-1B visa holders may also receive visas (spouses and children under the age of 21) as dependents, though they may not work in the United States.
Because the number of H-1B visa applicants has been so high, the U.S. has employed a lottery system over the last few years. This means that a computer-generated process helps to fill the visa spots, which are capped at 85,000 visas each year.
Call (312) 702-1782 to Request a Consultation
At Milla & Associates, LLC, we understand how challenging it can be to apply for and obtain an H-1B visa. These non-immigrant visas can be quicker to obtain, but because of the cap, they are highly competitive. Our firm has ample experience working with immigrant workers seeking employment-based visas for a variety of reasons, and we are confident that we can help you. We pride ourselves on our personal, hands-on legal services, and we continually show our dedication to our clients by maintaining clear, frequent communication about their case status. For help with your immigration case, make sure you turn to a skilled immigration attorney in Chicago you can trust.
Contact Milla & Associates at (312) 702-1782 to discuss your case.
Our Chicago lawyers are ready to answer your questions about the H-1B visa
application.