Employment Based Immigration

Our firm specializes in assisting small and medium size businesses in obtaining the necessary visa approvals for hiring foreign workers. We have extensive experience in handling non-immigrant visas, including H-1Bs, L-1A, L-1B, F-1, B-1/B-2, TN, E-3 visas, and more. Further, we specialize in PERM labor certifications (EB-2 & EB-3) for a wide range of occupations, employment-based immigrant visa petitions (I-140) for national interest waiver, and EB-1 cases. We also assist companies with any DOL and USCIS investigations.

Frequently Asked Questions

H1B Visas (Specialty Occupations)

The H1B visa is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations generally require a bachelor’s degree or higher in a specific field.

A specialty occupation requires theoretical or technical expertise in specialized fields such as science, engineering, information technology, education, and business administration. The position itself must require a bachelor’s degree or higher in a specific field.

 The employer must be a U.S. business entity.  

 The employer must offer a bonafide job opportunity in a specialty occupation.  

 The beneficiary (employee) must possess the required academic qualifications (generally a bachelor’s degree or its equivalent) for the position.  

 The employer must obtain a Labor Condition Application (LCA) from the Department of Labor, attesting to certain wage and working condition requirements.

Yes, an employer can file an H1B petition for a parttime position, as long as the position meets the requirements of a specialty occupation.

Yes, a person can work for multiple employers with concurrent H1B petitions approved by each employer.

An employer must file an H1B amendment when there is a “material change” in the terms of employment. Examples include:  

 A change in the worksite location that requires a new LCA (generally a change in Metropolitan Statistical Area).  

 A significant change in job duties that alters the fundamental nature of the position.  

 A promotion to a position with significantly different responsibilities.