H-1B Specialty Occupation Visa - MSK | Immigration Lawyers

H-1B Visas

Specialty Occupation Visa

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This specialized visa allows companies in the United States to temporarily employ foreign workers in speciality occupations in fields such as science, engineering, and information technology.

More Information About the Process

Often, companies in the United States will want to employ foreign nationals in various occupations that require the theoretical and practical application of highly specialized knowledge. The H-1B visa will enable those companies to hire those individuals for a temporary period of time. The H-1B visa is available to foreign nationals who have earned a minimum of a Bachelor’s degree or equivalent in a field related the proffered role. In order to be eligible for the visa, an employer must sponsor a foreign national (self-petition is not an option).

Unlike some other work permit visas for the United States, there are 65,000 regular cap-subject H-1Bs available each year, with an additional 20,000 H-1B spots set aside for foreign nationals who hold a US Master’s degree (or higher). It is important to ensure that the timing of your visa application is right, since the filing period for cap-subject H-1Bs is the first five business days of April for an H-1B that would start October 1st of that year, or whenever the petition is approved, if after October 1st.

In recent years however, there has been a lottery system to determine which cases the United States Citizenship and Immigration Services (USCIS) will receipt and adjudicate, since the demand for H-1Bs is greater than the number of available visas. Once a cap-subject H-1B has been approved, the foreign national is no longer subject to the lottery or April filing timeline. 

The holder of an H-1B visa can transfer employers once they have been admitted, and so it is flexible in terms of allowing individuals to adjust their status in the United States without raising concerns regarding their permanent intent. A first H-1B is granted for an initial period of up to three years, with the option to extend for an additional three years. In order to extend beyond the six year limit, certain conditions must be met, namely the start of the green card process.

Frequently asked questions about H1-B Visa

1. What happens if my H-1B is not selected in the lottery?

Nothing – it is as if USCIS never received the filing. It does not count as a denial.

2. I’ve been working on the H-1B with my employer, but want to transfer to a new company. Do I have to apply against the lottery again?

No, once you have counted against the H-1B cap, you do not have to go through the lottery process again unless you have exhausted your time in H-1B status without taking steps to extend past the six years, and you have spent at least one year outside the US. This is one of the primary perks of this visa.

3. I didn’t complete my degree, but I have industry experience. Is it still possible to qualify for an H-1B?

The requirement for an H-1B is that the foreign national earned a minimum of a US Bachelor’s degree. This can be achieved by graduating from an accredited US college or university that awards Bachelor’s degrees, having your foreign education evaluated and deemed equivalent to a US Bachelor’s degree earned from an accredited US college or university, or having a combination of education and/or training evaluated to be equivalent to a US Bachelor’s degree earned from an accredited US college or university.

4. I was accepted into the lottery and my H-1B was approved, but I didn’t start working for that company. A new company in the US is looking to hire me on the H-1B. Can I transfer employers?

It depends on the situation, but generally no, you would need to file a new cap subject H-1B petition.

5. I am nearing the end of my six years in H-1B status. Is it possible to extend the H-1B beyond six years?

Yes, if your employer is willing to sponsor you for permanent employment (otherwise known as a “green card”). A Permanent Labor Certification must be filed on your behalf before the start of your sixth year in H-1B status in order to extend the H-1B. The length of the extension will be between one and three years depending on your specific situation and background.

Why should you hire Mamann, Sandaluk & Kingwell to represent you?

The Trump administration has made it more challenging than ever to get an H-1B, making it more difficult than ever to file an H-1B petition without the assistance of experienced immigration legal counsel. Our firm has experienced counsel who has successfully submitted applications for H-1B visas in the past, and who would be happy to speak with you and see if this option is the best way to proceed in your particular circumstances.

Natalie Domazet was conscientious, thorough, and incredibly helpful. I was blown away by her patience and ability to communicate processes in a digestible manner that made everything feel seamless. I would highly recommend her - If there were more than 5 stars available, she'd get 6!
Madi Chambers
22:30 16 Feb 18
This firm greatly assisted our son with an immigration issue in a most expedient manner. The lawyers including Joel Sandaluk and Natalie Domazet were very skillful and understood the governmental process quite well. As parents we appreciate their compassion and understanding.We would highly recommend this firm.
Joe Rabun
17:52 11 Feb 18
Our experience with this firm was beyond amazing. Sandra is the most professional, hard working, organized, helpful person to work with. My husband and I have worked with 2 other law firms over the last 5 years and we never got close to submitting our application because they were so disorganized. Sandra worked tirelessly to make sure we had the appropriate forms filled out correctly and all of the supporting documents in place to get our application submitted quickly. We are so grateful to have found her.
Sarah Dyer
13:11 02 Feb 18
I am forever grateful to Joel Sandaluk and his team for their help in my parents complicated immigration matter. They were extremely professional, kind and helpful during the whole application process and now my parents have received a positive decision after having multiple refusals in past.I would strongly recommended this firm for any type of immigration related issues and I thank them once again for being there for me during every step of my parents Immigration process.
Amer Syed
02:31 28 Jan 18
Cheryl Robinson was my lawyer when she was still at her old law firm office and due to her high cooperation and professionalism, I have chosen to transfer my file from the previous law firm to keep Cheryl my lawyer. She have done great work for my refugee case and I had obtained the approval even without hearing. I do recommend Cheryl for any immigration case.
Fawaz Shaya
19:08 19 Jan 18
Sometimes you pray to God for a Direction and you never realized that your prayer has been heard by leading you to the right, friendly, wonderful people who know what they are doing, when and how it is supposed to be done. Thank you Mamann, Sandaluk & Kingwell for your hard work and Dedication .May God be with you all. 🙂
Bright osahon
11:07 13 Jan 18
The best law firm I and my husband met, especially Daniel Kingwell Lawyer, gave me great help and comfort. Our immigration case was a really complicated and hard journey, and yet it is a blessing to meet Daniel Kingwell Lawyer in a time of much pain. He made thorough preparations and responses to legal help and Appeal. At attorney's fees, It is also considered reasonable. My family is very grateful. If you need to be honest and professional, I strongly recommend this Lawfirm.
Eunmee Yoon
02:41 11 Jan 18
Very good, professional and helpful lawyers!! I have never seen better lawyers than Daniel Kingwell who saved our life and made to stay here forever!! Very reasonable prices!! We worked with Daniel Kingwell of our H&C application and Federal Court application, and we also worked with Ali Esnaashari with detention review and release from detention. Best lawyers I recommend them for all types of Immigration cases!!
Michael Ivancsik
04:15 09 Jan 18
I feel grateful that I was able to use the fantastic service, skills and eloquent knowledge provided by this law firm. Ms. Anikka Hammett immediately and kindly responded to my call when I lost my student status in summer 2017 and could not continue my PhD because of it. Together with her colleague Ms. Daphne Wong they not only gave me excellent legal advice, but also took care of the whole case in a reliable and professional manner. My status was restored fast and successfully with their help. It reassured me that I will use their valuable work even in the future when I am applying for work permit and permanent residency.
Andrea Prajerova
10:36 05 Jan 18
Our case is still on-going and it is rather peculiar. But, having been introduced to Daniel Kingwell at a later stage in the process, we have had nothing but outstanding, professional help in all our legal matters. The knowledge of Mr. Kingwell regarding immigration matters is second to none, and his team of para-legals and assistants, truly is amazing. Not only is Mr. Kingwell's knowledge and experience extremely extensive, but the manner in which he makes his clients at ease is beyond anything that we have had the experience of dealing with (Having met a whole tranche of lawyers - I can safely testify to that).I would definitely reccomend Mamann, Sandaluk & Kingwell for all immigration related matter.
Haseeb Virk
18:11 04 Jan 18
He is the best lawyer I ever met. He helped us in our refugee case. He is very talented at what he does. In two weeks he changed our status from illegal to legal!!! Im very happy I found him. Without his help our family would seperated and deported for now. So I cant explain how me and my family feel thankful to his work. He did what we thought its impossible and other lawyers said they are not able to help. He was charging very reasonable prices. He took his time and sit with us to explain everything for us to understand proper. I recommend him for everyone who need a responsible, talented and honestly lawyer.
Ivancsik Virginia
16:17 03 Jan 18
Our immigrant application's whole process is a long story. When we were despairing of our case, we knew Cheryl, Sarah and their office. With their professional knowledge and experiences, they helped us getting what belong to us. Thanks for their help and hope they can give legal aid to more ane more people!
Leon Lee
02:15 08 Dec 17
Absolutely fantastic firm. My husband and I had to go through a sponsorship appeal for him to be able to join me in Canada. Our initial lawyer went on mat leave and Natalie Domazet took over our appeal. Natalie has been absolutely fantastic. Not only has she provided us with the legal advice and preparation but she has also been a fantastic moral support through what I can only describe one of the most stressful times in my life. From preparing our appeal to the smallest details and going out of her way to accommodate our busy schedules and time zone differences, to being there for us and being a fantastic moral support and encouragement and not just looking at us as just another legal matter. Through her fantastic prep work and experience, we had our appeal allowed and my husband will come to Canada within the next half a year after a very stressful 4 years. I would recommend Natalie Domazet with my whole heart for her fantastic work. We greatly appreciate all her help.
Sinziana Bratu
23:23 06 Nov 17
Me and my sister feel very lucky that we heard about this firm and we actually got to know Joel in person . Our parents got refused through the family sponsorship application . We went and spoke to Joel about our problem and we were surprised the way he talk to us and how confident he was on what we should be doing next . It didn’t feel like we were meeting him for the first time we felt like we knew him for the entire life , that’s how comfortable he made us feel . We went there with no hope and walked out of his office with the big smile . Another thing that surprised me was the way that they run that place everything organized and looked like a factory that produces solutions and hope for people that they need help . We are not finished with our application but we are more than 100% sure that we are in good hands . I will always recommend them to my friends and relatives , whoever is going to read my rivew I will tell them don’t hesitate you are in good hands because you found the right person to work with , Good Luck to everyone with their application and a big thank you to Joel , Mini and the entire firm that make things happened. Thank You !
spartak muso
04:37 04 Oct 17
This is my 1st review based upon my today's meeting, After going through few lawyers profiles and speaking to them directly, inquiring about their fees and other details, I decided to choose this firm. I met Joel, Asiya and Mini today.I was about half and hour late due to traffic and parking time, but Joel was very patience. I found Joel and his whole team very professional,compassionate, understanding and knowledgeable . Joel is very accommodating, he also offered me options for easy payment. And assured me he will look into my case personally and will try to expedite it, as it was above the average processing time . I will keep everybody posted about my future experience. But I already have a great sense of security and satisfaction that i met right people and God willing my wife and children will be here soon:)
Asim Ali
06:43 26 Aug 17
Natalie Domazet is amazing. She is very passionate about what she does, caring, realistic, and honest. Natalie has a wealth of knowledge and experience when it comes to appeals for PR cases because she's worked on both sides. Anybody would be lucky to have her represent them because they would be in great hands. She is very thorough in the way she deals with her cases and thinks of everything that needs to be covered. She's also a really kind person and makes you feel at ease; she always answers calls, emails, and even texts promptly. Natalie really goes above and beyond for her clients and makes sure she's very well prepared. I cannot say enough positive things.
Sophia C
16:56 21 Jun 17
I needed a lawyer 6 months after I had applied for PR through Express Entry and received a request letter from Immigration Canada. After meeting a couple of lawyers, we decided Daniel Kingwell and his team to be the most professional and experienced. Daniel was calm, structured and direct which was exactly what we needed as we were distraught and anxious. His experience and Christina's organisation kept us informed at every step of the way through emails, phone calls and scheduled meet ups. Prior to the submission of the required documents to Immigration Canada, Daniel met with us to explain the response he had drafted and why he had decided on this particular approach. Thanks to Daniel and his team we received my confirmation of PR in less than a month! My wife and I couldn't be happier and more grateful for the exceptional hard work and service we received. If you are looking around for a good Immigration lawyer, Daniel and his team are grand. "Thank you very much Daniel and Christina, for giving us a chance to continue our future here in Canada."
Melwyn Almeida
16:06 15 Jun 17
I contacted migration law on a holiday weekend and immediately got a response from Ali Esnaashari. When I met with Ali he was compassionate, professional and thorough. He dealt with my spouse's detention review and hearing. Ali is knowledgeable and with his preparation he successfully won our case and my spouse was released from detention. We are so grateful for his expertise and professionalism. We definitely recommend him! In regards to migration law as a firm their employees are very friendly and helpful (we mainly dealt with Mini who was fantastic). My only suggestion however would be that migration law consider implementing a payment plan option that would afford those who would like to continue forth with other services.
Lisa Biernat
14:24 03 May 17

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