H-1B Visa

H-1B Visa

The H1B visa category allows organizations with a Federal Identification Number/IRS tax number to employ a foreign professional to work in a specialty occupation for up to six years. Examples of specialty occupations include accountant, computer analyst, engineer, financial analyst, scientist or architect.

EK Law Office PLLC will prepare and file all the required documents for foreign professionals and U.S. companies applying for the H1B visa.

Applying For The H1B Visa

You cannot apply for an H1B visa as an individual. A U.S. employer has to sponsor your H1B visa. To sponsor you, the employer must:

  • File a Labor Condition Application (LCA) with the U.S. Department of Labor
  • File USCIS Form I-129, Petition for nonimmigrant worker with H supplement and supporting documentation and the approved LCA with the USCIS

If you are overseas, you must take the H1B approval notice to the American Consulate to obtain the H1B visa. If you are already in the U.S., you can start working for your employer as soon as you receive the H1B approval notice.

Note: If you are currently on H1B status, then you can start working for a new employer upon filing of the new petition.