Chicago H-1B Lawyer
An H-1B visa can allow you to work temporarily in the United States in a qualifying specialty occupation.
Your position, qualifications, employer, wage, and supporting evidence must satisfy federal requirements. If your petition is subject to the annual H-1B cap, you may also need to go through the USCIS registration and selection process.
At Cho Immigration Law, we help professionals and employers understand how H-1B requirements apply to their circumstances. Whether you are pursuing your first H-1B, changing employers, extending your status, responding to a Request for Evidence (RFE), or planning for permanent residence, we can help you understand your options.
“Your H-1B case involves more than forms and deadlines. The details of your employment and your long-term immigration goals matter. We help you understand how those pieces fit together so you can make informed decisions about your future in the United States.”
Call Cho Immigration Law at (312) 853-3088 to schedule a consultation with a Chicago H-1B lawyer.
Table of Contents
What Is an H-1B Visa?
To qualify for H-1B status, the job your employer offers must generally require highly specialized knowledge and at least a bachelor’s degree or equivalent in a directly related specific specialty. Your own education, experience, or other qualifications must also prepare you to perform the work.
Your U.S. employer generally petitions for you. Before filing the H-1B petition, the employer must obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor and agree to applicable wage and working-condition requirements.
H-1B is also a dual-intent classification. You may pursue permanent residence without automatically jeopardizing your H-1B status, making it an important option if an employment-based green card is part of your long-term plan.
Do You Qualify for an H-1B Visa?
Your eligibility depends on both your qualifications and the job your employer is offering. Having a bachelor’s degree alone does not automatically qualify you for H-1B status.
Your petition generally must show that:
- Your employer is offering a bona fide specialty occupation position.
- The position requires a qualifying degree or equivalent in a directly related specialty.
- You have the education, experience, or other qualifications required for the position.
- Your employer obtained the required LCA.
- Your employer will pay at least the required wage.
The required wage is generally the higher of the actual wage paid to similarly qualified workers or the applicable prevailing wage.
How Does the H-1B Registration Process Work?
If your petition is subject to the annual H-1B cap, your prospective employer generally must first register you electronically during the USCIS registration period.
The regular H-1B cap provides 65,000 visa numbers, with an additional 20,000 available under the advanced-degree exemption for qualifying beneficiaries who earned a U.S. master’s degree or higher.
Selection does not mean your H-1B petition is approved. It allows the employer to file a cap-subject petition for you during the designated filing period. The petition must still establish that you, the position, and the employment arrangement meet H-1B requirements.
Some petitions are cap-exempt, including certain petitions involving institutions of higher education and qualifying nonprofit or governmental research organizations.
Can You Change Employers While You Have H-1B Status?
You may be able to change employers without going through another annual H-1B selection process. Under H-1B portability rules, certain workers can begin working for a new employer after that employer properly files a qualifying H-1B petition with USCIS.
Your new employer must still satisfy H-1B requirements. Changes to your employer, job duties, wage, or work location can also raise immigration issues.
Before leaving your current position, make sure you understand when you may begin working for the new employer and how the change could affect your status.
What Happens If You Lose Your H-1B Job?
Losing your job does not necessarily mean you must leave the United States immediately. Depending on your circumstances, you may receive a discretionary grace period of up to 60 consecutive days or until the end of your authorized validity period, whichever is shorter.
During that time, you may be able to find another qualifying H-1B employer, request a change of status, or pursue another immigration option. If your employment ends, act promptly so you can understand your options before important deadlines pass.
If your employment has changed, call Cho Immigration Law at (312) 853-3088 to discuss your H-1B status and next steps.
What Rights Do You Have as an H-1B Worker?
Your H-1B status comes with federal workplace protections. Your employer generally must pay at least the required wage and comply with applicable working-condition requirements. Federal rules also restrict employers from shifting certain H-1B petition-related costs to workers or retaliating against workers who report suspected violations.
These protections may become important if your employer reduces your pay, stops providing work, changes your work location, or asks you to pay expenses associated with the employer’s H-1B obligations.
How Long Can You Stay in H-1B Status?
H-1B status is commonly approved for periods of up to three years and is generally subject to a six-year limit. However, some workers can qualify for extensions beyond six years.
Additional H-1B time may be available in certain circumstances connected with the employment-based green card process, including some cases involving qualifying PERM labor certification or immigrant petition filings.
If you are approaching your six-year limit, review your immigration options early. Your H-1B timeline can affect decisions about extensions and permanent residence.
Can Your Family Come With You?
Your spouse and unmarried children under age 21 may qualify for H-4 dependent status. H-4 status can allow them to live with you in the United States, and your children can generally attend school.
Your spouse does not automatically receive employment authorization through H-4 status. Certain H-4 spouses may qualify to apply for work authorization based on the H-1B principal’s progress toward employment-based permanent residence.
Can an H-1B Visa Lead to a Green Card?
An H-1B visa does not automatically lead to permanent residence, but H-1B status allows dual intent. Depending on your circumstances, your employer may be able to sponsor you for an employment-based green card while you maintain H-1B status.
Starting this process early may be particularly important if you are approaching your six-year H-1B limit. Your immigration strategy should consider your current status, employment plans, qualifications, and long-term goals.
How Can an H-1B Lawyer Help You?
An H-1B lawyer can help you and your employer determine whether the position and your qualifications satisfy H-1B requirements, prepare the petition and supporting evidence, address LCA requirements, and respond if USCIS requests additional evidence.
At Cho Immigration Law, we also help clients understand how job changes, extensions, work locations, dependent status, and permanent residence planning may affect their H-1B status.
Frequently Asked Questions About H-1B Visas
H-1B rules can affect your career, immigration status, and future plans. These answers address several common questions about H-1B employment.
Can You Travel Outside the United States While an H-1B Petition Is Pending?
International travel while an H-1B petition is pending can affect your case, depending on what your employer filed and your current immigration status. Travel may have different consequences when you are requesting a change of status, extending your stay, or already maintaining H-1B status. Before leaving the United States while a petition is pending, review your case and the documents you may need to return.
What Happens If USCIS Sends an RFE for Your H-1B Petition?
A Request for Evidence does not mean your petition has been denied. USCIS is asking for additional information before making a decision. The notice will identify the issues USCIS wants addressed and provide a response deadline. Your response should directly address those concerns and include appropriate supporting evidence.
Can You Work for More Than One Employer on H-1B Status?
You may be able to work for more than one employer, but each employer generally must independently satisfy H-1B requirements and file the appropriate petition for your employment. An H-1B approval for one company does not automatically authorize you to work for another employer.
Talk to a Chicago H-1B Lawyer About Your Options
Whether you are preparing your first H-1B petition, moving to a new employer, trying to maintain your status after a job loss, or planning for permanent residence, the decisions you make now can affect your ability to work and build your future in the United States. At Cho Immigration Law, we can help you understand how the H-1B rules apply to your situation and determine the next steps for your immigration goals.
Call Cho Immigration Law at (312) 853-3088 to schedule a consultation with a Chicago H-1B lawyer.
Testimonial
“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!”