H1B Visa Attorney in Aurora
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Your Pathway to U.S. Citizenship
An H1B visa attorney is a lawyer specializing in US immigration law who helps US employers sponsor foreign workers for H1B visas. These visas allow skilled foreign professionals to work in the US for 3-6 years in certain specialty occupations.
H1B attorneys are responsible for filing documentation and ensuring compliance with US wage and employment regulations.
Typically, the US employer hires the H1B attorney, since they are responsible for filing the petition on behalf of their prospective employee. However, in some cases, the foreign worker may also hire their own H1B attorney.
While the employer is still responsible for filing the petition, the employee’s attorney can review the case, provide advice, and assist with consular processing if needed.
What Is an H1B Visa Attorney?
An H1B visa attorney is a lawyer specializing in US immigration law who helps US employers sponsor foreign workers for H1B visas. These visas allow skilled foreign professionals to work in the US for 3-6 years in certain specialty occupations.
H1B attorneys are responsible for filing documentation and ensuring compliance with US wage and employment regulations.
Typically, the US employer hires the H1B attorney, since they are responsible for filing the petition on behalf of their prospective employee. However, in some cases, the foreign worker may also hire their own H1B attorney.
While the employer is still responsible for filing the petition, the employee’s attorney can review the case, provide advice, and assist with consular processing if needed.
Why You Need an H1B Visa Attorney in Aurora
The H1B visa process is complex, time-sensitive, and full of legal nuances that may not be immediately obvious.
An experienced H1B visa lawyer provides invaluable help throughout the process. They help make your application as strong as possible, minimizing errors that could lead to your visa getting delayed or denied.
Here are six ways an H1B lawyer in Aurora supports you:
Assessing Eligibility
Before you start the application process, an immigration attorney will assess your job offer and qualifications to confirm that they meet United States Citizenship and Immigration Services’ (USCIS) strict “specialty occupation” criteria.
This early step will help identify any potential issues and ensure that you’re building a strong case for why you need the visa.
Guiding You Through the Lottery System
The USCIS has a cap of 85,000 H1B visas per year. However, they always receive more petitions than the available visas and use a random selection process (known as the H1B lottery) to select which petitions can proceed.
Lawyers familiar with the lottery process can optimize your petition to improve its chances, and also explore lesser-known alternative pathways like L-1 transfers, O-1 visas, or cap-exempt opportunities like The Build Fellowship.
Handling the Labor Condition Application (LCA) Process
Your employer must submit a Labor Condition Application (LCA) to the Department of Labor before filing your H1B petition. Mistakes in the LCA can significantly delay or even derail your application, making legal oversight crucial for this step.
An H1B attorney ensures the LCA is handled correctly and verifies that your job meets all wage and workforce notification requirements.
Preparing and Filing Documentation
An H1B petition requires extensive documentation, including academic records, employee verification letters, and proof of your specialized skills.
An attorney is essential to organize all required materials, confirm their accuracy and attestation, and ensure that you file a complete, compliant H1B petition with the best chances of success.
Handling Requests for Evidence (RFEs)
If the USCIS needs more information to approve your petition, they issue a request for evidence (RFE). An H1B lawyer crafts a detailed response to the RFE, answering the USCIS’s questions while reinforcing your position as an eligible visa candidate.
A poorly addressed RFE is one of the most common reasons for visa denials, so legal assistance is crucial for this step of your application process.
Interview Preparation and Representation at the US Consulate
If your petition gets approved and you change to an H1B status (e.g. from an F-1 student visa or OPT) while already in the US, you can begin working immediately.
However, if you travel abroad after your status change, you must get an H1B visa stamp at a US consulate before you can re-enter the country. This involves completing the DS-160 form, attending a consular interview, and ensuring your responses align with the details in your approved H1B petition.
An H1B lawyer helps you correctly file the documentation and prepares you for the consulate interview to ensure you start your job in the US without any issues.
What Are Some H1B Visa Challenges You Can Expect?
H1B visa petitions come with several common challenges. One major hurdle is proving that your position qualifies as a “specialty occupation” — especially for emerging roles or positions that don’t traditionally require specific degrees.
Another frequent challenge is demonstrating the relationship between your degree field and job duties, particularly when your degree isn’t an exact match for your current role. Wage requirements can also be complex, especially in regions with varying prevailing wage levels.
Additionally, many petitions face scrutiny over employer-employee relationships, particularly in consulting or third-party placement situations.
But with proper documentation and good planning, these challenges can be overcome. An experienced H1B attorney anticipates potential issues and prepares strong evidence to address them proactively.
What to Look for When Hiring an H1B Visa Lawyer
Given the complexity of requirements for H1B visas, it’s important to hire an H1B visa attorney who has the right qualifications, experience, and approach. Here’s what to look for when hiring an H1B lawyer in Aurora.
Good Standing With the State Bar
Any attorney that represents you must be licensed and in good standing with at least one state bar association. For Aurora, verify your attorney’s license through the Colorado Bar Association and also confirm that there are no disciplinary actions against them.
Additionally, look for an attorney who is a member of the American Immigration Lawyers Association (AILA). While AILA membership isn’t required, it indicates that your lawyer is updated on the latest immigration policies, is actively engaged in immigration law, and is continuously improving their expertise.
Experience With H1B Cases
Not all immigration attorneys specialize in employment visas. Some focus on family-based immigration, asylum cases, or deportation defense.
Ensure that the lawyer you hire has extensive experience in handling H1B petitions, especially in areas like RFEs, cap-exempt petitions, or extensions.
Also, be sure to ask about their success rate with getting H1B visas approved. This is a quantifiable number that any reliable attorney would be happy to provide for you.
Communication
The H1B process is complex but the right lawyer will always make things easier for you.
A good H1B visa attorney will be responsive, proactive, empathetic, and willing to answer your queries throughout the process.
Before you hire an attorney, assess how quickly they reply to your questions and whether they explain things clearly. If they are dismissive or hard to reach in your initial consultations, that’s a sign they may not be right for you.
Transparent Fee Structures
Attorney fees are often the most important consideration when hiring legal help. While you’ll certainly want to save costs, don’t choose a lawyer solely based on who offers the lowest quote. You want to weigh the above factors to ensure you receive quality representation.
In addition, some attorneys charge a flat fee for the entire process, while others bill hourly. No matter their pricing structure, a trustworthy lawyer will always provide transparent pricing and explain what services are included, such as filing fees or RFE responses.
Be cautious of attorneys who only provide vague estimates or push unnecessary services ahead of time.
How Birch Grove Immigration Can Help
While it’s possible to file an H1B visa petition by yourself, collaborating with a skilled attorney makes the process less jarring.
Birch Grove Immigration Lawyers’ attorneys have extensive experience handling successful H1B applications. Over the years, we’ve helped numerous US companies bring in global talent and guided skilled foreign nationals on securing dream work opportunities in the United States.
We specialize in streamlined petition filing, personalized legal guidance, and transparent, step-by-step assistance. Our team empowers both American employers and skilled foreign workers to navigate the H1B process with confidence, knowing they have the support they need every step of the way.
Get in touch with us today for a free consultation!
Frequently Asked Questions
Is an H1B Visa the Same as a Green Card?
No — an H1B visa allows foreign workers to temporarily live and work in the United States. A green card allows for a permanent residence status and enables the holder to pursue US citizenship, which H1B visas do not.
Can I Bring My Family to the US if I Have an H1B Visa?
Yes, if an H1B worker has a spouse and/or unmarried minor children (under 21 years of age), they can accompany the worker to the US under H-4 visas.
Do I Have to Hire an Immigration Lawyer for an H1B Visa?
While you don’t need to hire an immigration lawyer to file an H1B visa petition, it significantly increases your chances of a successful application.