Chicago H-1B Lawyer
The H-1B visa lawyers at Cho Immigration Law help non-immigrant workers come to the United States temporarily to perform the duties of their specialty occupations.
Whether you are a business that is interested in bringing foreign workers to your company, or you’re a professional degree holder with special skills or knowledge who wants to work in the U.S., our immigration law firm in Chicago can help.
Our H-1B lawyers will:
- Answer your questions and address your concerns
- Help you determine whether you qualify for an H-1B visa
- Assist you in gathering the necessary documentation
- Ensure your information is submitted correctly and on time
- Guide you through the H-1B visa process
Contact an experienced H-1B lawyer at Cho Immigration Law in Chicago for help with your employment-based visa.
Call (312) 853-3088
What Is an H-1B Visa?
An H-1B visa is a non-immigrant work visa that allows U.S. companies to hire foreign nationals with specialized skills for professional positions. The employer must sponsor the H-1B visa applicant and obtain approval from U.S. Citizenship and Immigration Services (USCIS).
Through the H-1B visa classification, specialty workers from other nations are granted permission to temporarily live and work in America, but the visa holder can only work for the sponsoring employer and in the approved specialty occupation. The visa is designed for jobs that require at least a bachelor’s degree or equivalent in a specific specialty field such as IT, engineering, mathematics, science, architecture etc.
There is an annual cap of 85,000 new H-1B visas each fiscal year, with 20,000 of those reserved for workers with a U.S. master’s degree or higher. Some workers, however, may be exempt from the cap.
Even though the maximum period of stay is only six years, H-1B visa holders can have “dual intent” – meaning they can pursue a path to U.S. permanent residency if the employer sponsors them for a green card.
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Are You Eligible for an H-1B Visa?
For USCIS to grant approval for H-1B visa petitions, specific criteria must be fulfilled. Additionally, it is imperative that all forms and supporting evidence are accurately submitted. Even a minor error can derail the entire process or cause extensive delays.
H-1B Visa Requirements
There are specific requirements for workers to qualify for H-1B visa status.
- There must be an existing employee-employer relationship with a U.S. employer
- The foreign worker must hold a bachelor’s degree or have equivalent work experience
- The job must be related to the worker’s field of study
- Earnings must, at minimum, meet the actual or prevailing wage for the occupation
Do You Need a Lawyer for an H-1B Visa?
While it is not legally required to hire a lawyer to help with your H-1B visa application, it is generally advisable to seek assistance from an immigration attorney who has experience with business non-immigrant visas. Here are some key reasons why having a lawyer can be beneficial for the H-1B visa process.
- Complex Regulations: H-1B visa rules and regulations are intricate and constantly evolving. Our lawyers stay up-to-date with the changing laws, and we can ensure your application meets all the requirements, increasing your chances of approval.
- Organizing Your H-1B Package: Putting together a complete and accurate H-1B petition with all the necessary supporting documents can be challenging. Our lawyers know what evidence is needed and can help ensure your application package is accurate and complete.
- Avoiding Delays: Minor mistakes or missing information on H-1B petitions often lead to Requests for Evidence (RFEs) from USCIS, causing delays. Our H-1B lawyers can help preempt such issues and prevent unnecessary delays.
- Representing Your Interests: During the application process or if issues arise, our experienced H-1B lawyers can advocate on your behalf and protect your interests with USCIS or at immigration court proceedings.
- Experience With LCAs and Prevailing Wages: Our work visa lawyers are familiar with Labor Condition Applications (LCAs) and determining proper prevailing wage levels for H-1B positions.
- Dependent Visas: If you need help with H-4 visas for your dependents, our lawyers can ensure these are properly filed along with the principal H-1B petition.
While hiring an H-1B lawyer at our law firm does require legal fees, our knowledge and experience can increase your likelihood of H-1B visa approval, saving you time and money in the long-run.
How Long Can an Employee Stay in the U.S. on an H-1B Visa?
The initial period of stay for H-1B visa holders is three years. An additional three-year extension may be granted, however, for a total maximum stay of six years. Continued extensions beyond six years may be available to certain workers who are dealing with permanent labor petitions.
At the expiration of the visa, the worker must reside outside the United States for a period of not less than one year before returning on a new H-1B visa.
Can My Family Members Accompany Me On an H-1B Visa?
Certain family members can accompany an H-1B visa holder to the United States. The H-1B visa allows the principal beneficiary’s immediate family to obtain H-4 dependent visas to live with them in the U.S. for the duration of the H-1B stay. The family members must apply for and receive their H-4 dependent visas before they can legally enter the U.S. The petition requires proof of the familial relationship to the principal H-1B beneficiary. Eligible family members include:
Spouse
- The spouse of the H-1B visa holder is eligible for an H-4 dependent visa to legally live in the U.S.
- Some H-4 spouses may be eligible to apply for employment authorization (work permit) depending on the H-1B holder’s path to lawful permanent residency.
Children
- Unmarried children under the age of 21 can obtain H-4 dependent visas to accompany or follow-to-join the H-1B parent in the United States.
- The H-4 child visa holders can attend school but cannot work or start their own business in the U.S.
Parents
- Parents of the H-1B visa holder are not eligible for H-4 dependent visas as immediate family members.
- They may qualify for other temporary visas like B-1 or B-2 visitor visas for short stays.
How Much Does It Cost to Get an H-1B Visa?
The total cost of obtaining an H-1B visa can vary depending on several factors, but here are some of the main fees and costs involved.
Government Fees for an H-1B Visa
- I-129 Petition Fee: $460 to $780
- Fraud Prevention and Detection Fee: $500
- Asylum fee: $300 to $600
- ACWIA Fee (for companies with 1 to 25 employees): $750
- ACWIA Fee (for companies with 26+ employees): $1,500
- Premium Processing Fee (optional): $2,805
Attorney Fees
Attorney fees also vary, depending on the law firm you choose to represent you, your location, and the complexity of the case. During your consultation, we will provide you with an estimate of how much it will cost to hire our H-1B lawyers.
Additional Fees
- Data/Credential Evaluation fees if required: $100 – $500
- Fees for translations, certifications, etc. if needed
Other Costs
- Visa stamping fees at the U.S. embassy/consulate in the worker’s home country: $190
- Travel costs for the H-1B worker to attend visa interview
- Employee relocation expenses if applicable
Overall, a typical H-1B visa case for a single employee can cost the employer around $4,000 – $8,000 or more when considering government fees, legal fees, and other expenses. Premium processing expedites everything, but increases the total cost substantially.
It’s recommended employers budget accordingly and account for all costs that may be involved in the H-1B sponsorship process. Many view this as a worthy investment to hire global talent.
Other Immigration Options for Students and Foreign Professionals
Although H-1B visas are most often granted to professionals, our immigration attorneys may help guide students who currently have F-1 visas through the H-1B application process. We also help workers transition from temporary worker visas to business immigrant visas or permanent labor certification employment-based green cards.
If an H-1B visa is not the right choice for your company, we can help you acquire other business visas. Our additional immigration services include deportation/removal defense and family immigration matters such as DACA, Fiancé visas for fiancé/fiancée/spouses and sponsoring a spouse by a U.S. citizen. For assistance in seeking an H-1B visa, or if you would like information about other immigration processes, please contact us today at (312) 853-3088
“I have worked with Bonita and her team for 8 years and she helped me with H1B visa (2x) and finally I received green card this year. It would not have been possible without Bonitas stellar expertise, guidance, and all the work her and her team have done. Thank you Bonita for everything you have done for me! I recommend Bonita to anyone that needs expert immigration advice or service and I will be back with the citizenship application in few years!”
