The H-1B visa remains in high demand due to many factors. The economy has improved and more employers are hiring workers. The demand for workers with qualifications in various specialty occupation areas has increased.
Also H-1B workers can pursue legal residence cases and have a statutory exemption from the presumption of immigrant intent. Congress legislated a quota for H-1B workers of 85,000 per year, which is implemented by USCIS by a lottery selection process. The result is that H-1B petitions for new employment are generally selected as a matter of chance. For all of these reasons having solid legal representation in the H-1B area has a real value for employers and is important to H-1B workers as well.
Our firm has depth in the H-1B area from many years of experience with a large volume of these petitions and cases. We plan and execute quota petitions each year with results that have exceeded the statistical chances for selection. We guide employers through the process from design through filing, with possible challenges, and with the results from the process.
There are exceptions to the H-1B quota including a change of employer petition commonly referred to as a “transfer’, specific country quotas and various alternatives. Knowledge of the exceptions and alternatives has real value for our clients and has resulted in some very good outcomes. We have experience with a range of complex employer related visa issues and have implemented various remedies to find acceptable solutions.
Some employers and H-1B workers are not aware of the 6 year limitation on H-1B status. Keeping the interested parties aware of this real limitation and of possible exceptions is also critical. There is a value in knowing the 5th spent in L-1 status as well. Informing the parties of the importance of these facts and of actions that are needed has also become one of our strengths.
