H-1B Visa Attorney Los Angeles

Expert H-1B Representation for Employers and Workers

The H-1B visa is America's primary pathway for skilled foreign workers in specialty occupations. As a Los Angeles H-1B attorney, I help employers navigate the complex petition process and assist workers in securing and maintaining their H-1B status while planning their path to permanent residence.

What is an H-1B Visa?

The H-1B visa allows US employers to temporarily hire foreign workers in specialty occupations that require theoretical or technical expertise. These positions typically require a bachelor's degree or higher in a specific field related to the job.

Key H-1B Features:

Duration: Initially up to 3 years, extendable to 6 years total
Dual Intent: Holders can pursue permanent residence while on H-1B
Family Benefits: Spouses and children can accompany on H-4 visas
Portability: Can change employers through H-1B transfers
Annual Cap: Limited to 85,000 new H-1B visas per year

What Qualifies as a Specialty Occupation?

USCIS defines specialty occupations as positions requiring theoretical and practical application of specialized knowledge and a bachelor's degree or higher in the specific specialty.

Common H-1B Occupations:

Technology: Software engineers, data scientists, systems analysts
Engineering: Civil, mechanical, electrical, aerospace engineers
Healthcare: Physical therapists, medical technologists, pharmacists
Finance: Financial analysts, accountants, actuaries
Science: Research scientists, statisticians, laboratory technicians
Architecture: Architects, urban planners, landscape architects

H-1B Petition Requirements

For the Position:

Specialty Occupation: Job requires bachelor's degree in specific field
Prevailing Wage: Employer must pay required wage for the position and location
Labor Condition Application (LCA): DOL certification of wage and working conditions

For the Worker:

Education: Bachelor's degree or equivalent in specialty field
Experience: Three years work experience may substitute for one year of education
License: Required professional licenses if applicable
Employer-Employee Relationship: Clear employment relationship with petitioning company

The H-1B Petition Process

Step 1: Labor Condition Application (LCA)

Employer files LCA with Department of Labor certifying wage requirements and working conditions. Processing typically takes 7-10 days.

Step 2: H-1B Petition Filing

File Form I-129 with USCIS including comprehensive documentation of the specialty occupation and worker's qualifications.

Step 3: USCIS Processing

Standard processing takes 1-4 months. Premium Processing Service available for 15-day decision for additional $2,805 fee.

Step 4: Consular Processing (if abroad)

Approved workers outside the US must apply for H-1B visa at US consulate before entering America.

Understanding the H-1B Cap

The annual H-1B cap limits new H-1B workers to 85,000 per fiscal year: 65,000 for bachelor's degree holders plus 20,000 for advanced degree holders from US institutions.

Cap-Exempt Employers:

Higher Education: Universities and related nonprofits
Nonprofits: Organizations affiliated with higher education
Research: Nonprofit and government research organizations

H-1B Lottery Process:

When applications exceed the cap, USCIS conducts a random lottery. Registration period typically occurs in March for October start dates.

H-1B Transfers and Changes

H-1B Portability

H-1B workers can change employers without returning to their home country through the H-1B transfer process. Workers can start employment when the transfer petition is filed, not when approved.

H-1B Amendments

Required when material changes occur to employment terms, work location, or job duties that weren't covered in the original petition.

H-1B Extensions

Extensions beyond 6 years possible for workers with approved or pending permanent residence applications.

From H-1B to Green Card

Many H-1B workers pursue permanent residence through employment-based immigration. I help coordinate H-1B strategy with long-term green card planning.

Green Card Options for H-1B Workers:

EB-2: Advanced degree professionals or exceptional ability
EB-3: Skilled workers and professionals
EB-1: Extraordinary ability, outstanding researchers, multinational executives
National Interest Waiver: Skip labor certification for qualifying professionals

Common H-1B Challenges

Specialty Occupation Issues: USCIS questioning whether position requires degree
Employer-Employee Relationship: Proving legitimate employment relationship
Wage Requirements: Meeting prevailing wage determinations
Site Visits: USCIS inspections of employer premises
Requests for Evidence: Additional documentation requirements
Cap Registration: Lottery system uncertainty

Why Use an H-1B Attorney

H-1B petitions face increasing scrutiny from USCIS. Professional legal representation provides:

Strategic Positioning: Presenting the strongest possible case for specialty occupation
Compliance Guidance: Ensuring all DOL and USCIS requirements are met
Documentation Strategy: Comprehensive evidence gathering and presentation
RFE Response: Expert handling of requests for additional evidence
Long-term Planning: Coordinating H-1B with permanent residence strategy

H-1B Success Stories

"Ruben helped our startup navigate the H-1B process for our lead engineer. His expertise made the difference in getting our petition approved."
— Tech Startup CEO

"After my H-1B was denied twice by other attorneys, Ruben understood the issues and got my transfer approved on the first try."
— Software Developer

H-1B Consultation

Whether you're an employer seeking to hire skilled foreign workers or an H-1B professional planning your career in America, expert guidance makes the difference between approval and denial.

Call: (213) 344-4670
Email: Click To Email

Consultation for H-1B cases - let's discuss your H-1B options and create a strategy for your success.

H-1B Attorney Serving Los Angeles Tech Community

Located in Pasadena, I serve H-1B employers and workers throughout Los Angeles County, including the thriving tech communities in Santa Monica, Playa Vista, downtown LA, and the San Fernando Valley. From startups to Fortune 500 companies, I provide expert H-1B representation for the LA business community.