H-1B Visa

San Francisco H-1B Work Visa Lawyer

Protecting Your Rights & Fighting for Your Best Interests in California

Each fiscal year 65,000 H-1B visas are issued by the United States Citizenship and Immigration Services. The cap excludes 20,000 petitions for beneficiaries with master's degrees or higher from U.S. colleges and universities.

What is an H-1B Visa?

An H-1B visa allows a company in the United States to temporarily employ foreign workers. In order to qualify for an H-1B visa, the individual must work in an occupation that requires highly specialized knowledge.

The individual must also have a related bachelor's degree or higher, or its equivalent. The attorney at The Law Office of Zhang have years of experience in helping individuals file their visa petitions.

Learn how our San Francisco H-1B work visa attorney can help. Contact us online or call (415) 761-2732. Our services are available in Mandarin and Spanish upon request.

Filing an H-1B Visa Petition

Filing a petition is a multi-step process. First, you must complete Form I-129, signing all required forms. When submitting your application, make sure to include payment for the fees and corroborating evidence.

Like every other visa application, it is important that you accurately complete the forms. We highly recommend that you speak to our seasoned H-1B visa attorney when completing your application.

How Long Does it Take to Get an H-1B Approved?

Unfortunately, the processing time for an H-1B work visa depends on the USCIS office that is handling your application. On average, it takes about 3 months to a year, however, others have waited longer. Even those who opt for premium processing are not guaranteed on time.

H-1B Premium Processing Time

Premium processing is available for employers who are willing to pay the additional fee: $2,500. The decision will be made within 15 business days of filing. Expedited processing exists, but it is only available on a case-by-case basis.

These are only granted in special cases such as:

Humanitarian reasons
Severe financial loss to a U.S. employer or foreign employee
USCIS error
Emergency situation

If you are getting an H-1B work visa, we recommend that employers begin the process 6 months in advance before the employee begins their job. This allows for time to reapply in case USCIS rejects the petition. We recommend working with an experienced employment visa attorney to help you navigate this process.

Duration of Stay

Individuals with an H-1B visa are initially allowed to stay in the country for three years. Extensions are granted in one-year increments with a maximum total stay not to exceed six years. However, certain exceptions can be made to the maximum time allowed.

One of the benefits of an H-1B visa is that individuals can have legal immigration intent while holding this type of visa, allowing them to live in the country while petitioning for a green card.

Learn how our San Francisco H-1B work visa lawyers can help. Contact us online or call (415) 761-2732. Our services are available in Mandarin and Spanish upon request.

What Are the H-1B2 Visa Requirements?

An H-1B2 visa is given to the Department of Defense researchers and development project workers.

In order to qualify, the individual's job duties must require:

A bachelor's degree or higher
Or its equivalent

Additionally, the research or project must be directly, or jointly, administered by the U.S. Department of Defense.

Qualified applicants must meet one of the following requirements to petition for an H-1B2 visa:

Has earned a project-related bachelor's degree, or higher, from an accredited U.S. college or university
Has earned a foreign degree that is equivalent to a bachelor's degree in the U.S.
Currently holds certification, registration, or licensure in a U.S. state in a specialty that is directly related to their job duties
Has extensive training, education, and experience that is equivalent to a bachelor's degree in the related field.