Chicago H-1B Visa Lawyer

Helping H-1B Visa Applicants in Chicago & Beyond

H-1B visas are non-immigrant visas that allow skilled, highly educated workers to live in the United States to support U.S. companies. With a strict cap on these visas, which stands at 85,000 for this year, it becomes essential to start early and prepare thoroughly. 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, underlining the focus on advanced qualifications. If you are interested in obtaining an H-1B visa to work in the United States, our H-1B visa 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, LLC are ready to help. Se habla español.

Who Is Eligible for an 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 the worker have a certain degree
• The employer requires a degree for the position
• The duties of the worker will be so specialized that the worker must have experience gained only by one who has 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 U.S. workforce in specialized fields where 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 willing to sponsor you into the United States. When applying for the position, 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-129, Petition for a Nonimmigrant Worker. The processing time for this may vary based on the service center 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 Visa Approved?

The processing time depends on USCIS. There have been cases where applicants 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 if USCIS rejects the petition.

Premium processing of the I-129 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, paving a pathway to permanent residence. 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.

What Is the Role of an H-1B Visa Attorney?

An H-1B visa attorney plays a crucial role in navigating complex U.S. immigration laws and regulations. They assist in preparing and reviewing visa petitions to ensure compliance with all requirements. H-1B visa lawyers also counsel both the sponsoring employer and prospective employee through each stage of the H-1B process, offering strategies to address potential obstacles. By providing informed guidance, H-1B visa attorneys can help improve application outcomes.

Can H-1B Visa Holders Transition to Other Visas?

Yes, H-1B visa holders can transition to other types of U.S. visas, depending on their eligibility and future plans. Common transitions include an employer-sponsored green card for permanent residency. The process requires careful planning and timing, as it involves additional paperwork and eligibility checks. Consulting with an H-1B visa attorney in Chicago at Milla & Associates, LLC can ensure that the transition process is smooth.

Call (312) 702-1782 to Request a Consultation with an H-1B Visa Lawyer

At Milla & Associates, LLC, we understand the challenges involved in applying for and obtaining an H-1B visa. These non-immigrant visas can be quicker to obtain, but because of the cap, they are highly competitive. Our H-1B visa lawyer has ample experience working with immigrant workers seeking employment-based visas, 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 status, ensuring that you are always informed and prepared. For help with your immigration matters, make sure you turn to a skilled H-1B visa attorney in Chicago you can trust.

Contact Milla & Associates, LLC at (312) 702-1782 to discuss your immigration questions. 
Our Chicago lawyers are ready to answer your questions about the H-1B visa application.