H-1B immigration attorney: assistance with H-1B visas for skilled foreign workers

Does your business need to hire foreign employees with special skills? An H-1B immigration attorney at Ionson Law can assist you in obtaining H-1B visas.

What is an H-1B visa?

The H-1B visa is the main method for employers to hire foreign professionals to work in the USA. The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Fields in which H-1B visa holders work include: computer science and information technology; architecture and engineering; finance, accounting, business, and banking; teaching; health care; and law among others.

Both the job and the prospective employee must meet certain requirements for the H-1B visa.


The H-1B visa is initially granted for up to three years, but may be extended for up to six years. Obtaining an H-1B visa is usually easier than obtaining a Green Card; therefore the H-1B visa is popular for companies wishing to bring in employees for long-term U.S. assignment.

Visa cap

The government grants only a limited number of H-1B visas each year. For the 2013 fiscal year, 85,000 new H-1B visas are available. This includes 65,000 H-1B visas for overseas workers in professional or specialty positions, and 20,000 visas for those with an advanced degree from a U.S. academic institution. These caps are subject to change.

As of April 7, 2014, USCIS has received a sufficient number of petitions for FY 2015 H-1B capped positions.  Any H-1B cap subject petitions received though April 7, 2013 will be subject to a computer generated lottery.  USCIS, however, is still accepting cap exempt H-1B petitions for FY 2015.  Please see the USCIS update for more information.


A foreign professional who wants to work in the U.S. must first obtain an offer of employment from a U.S. employer. The employer then files the H-1B visa application with the U.S. Citizenship and Immigration Services. The employee cannot make the application.

Green card for H1-B visa holders

The H-1B visa holder can apply for a U.S. green card while in the U.S. on an H-1B visa. If the visa holder does not gain permanent residency prior to the expiration of the H-1B visa, he or she must live outside the U.S. for at least one year before reapplying for another visa.

Family members of H-1B visa holders

The spouse and unmarried children under 21 years old of H-1B visa applicants may seek admission to the U.S. in the H-4 nonimmigrant classification. Family members in the H-4 nonimmigrant classification may not engage in employment in the United States.

Contact an H-1B immigration attorney

For help obtaining an H-1B visa or other immigration issues involving foreign employees, contact an H-1B immigration attorney at Ionson Law today at (781) 674 – 2562 to arrange a free consultation.