Skilled H-1B Visa Attorneys in New York

The H-1B visa category is designed for professionals in specialty occupations to work in the U.S. on a temporary basis. A specialty occupation requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The foreign worker must possess the necessary qualifications, such as a bachelor's degree, a foreign equivalent, or an equivalent combination of education and work experience.

Specialty occupations typically include fields such as information technology (IT), finance, accounting, architecture, engineering, mathematics, science, and medicine. Each year, a total of 85,000 H-1B visas are available, with 20,000 visas reserved for workers holding advanced degrees from U.S. institutions.

The H-1B visa is initially granted for a period of up to three years, with the possibility of an extension for a maximum stay of six years. One unique advantage of the H-1B visa is that it is considered a "dual intent" visa, allowing visa holders to apply for a Green Card while in the U.S.

Eligibility Criteria for H-1B Visa

To qualify for the H-1B visa, both the employer and the employee must meet certain eligibility requirements:

For the Employee (Beneficiary):

• Must have a job offer in a specialty occupation.

• Must have at least a bachelor’s degree or its equivalent in the specific specialty occupation. Alternatively, a combination of education and work experience can be considered.

• Must have the necessary license (if applicable) to practice in the specialty occupation in the U.S.

• For certain positions, proof of professional experience equivalent to a degree may be acceptable.

For the Employer:

• Must demonstrate that the job qualifies as a specialty occupation.

• Must pay the worker the prevailing wage for the occupation in the area of employment.

• Must file a Labor Condition Application (LCA) with the U.S. Department of Labor, ensuring that hiring the H-1B worker will not adversely affect the working conditions of U.S. workers.

• Must file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).

H-1B Visa Process

• Labor Condition Application (LCA): The employer submits an LCA to the Department of Labor, outlining job conditions and wages.

• H-1B Petition Filing: After LCA approval, the employer files Form I-129 (Petition for Nonimmigrant Workers) with USCIS, along with necessary supporting documentation.

• H-1B Lottery (if applicable): Due to the limited number of visas, petitions may be subject to a random selection process.

• Visa Approval: Once approved, the foreign worker can apply for the H-1B visa at a U.S. consulate abroad or change status if already in the U.S.

• H-1B Visa Stamping: The foreign worker attends a visa interview, and if approved, the visa is stamped in the passport.

H-1B Visa Duration

• Initially granted for three years.

• It can be extended up to six years.

• Further extensions beyond six years are available in certain cases, such as if the worker is in the process of obtaining a Green Card.

Dual Intent

The H-1B visa allows for "dual intent," meaning the visa holder can apply for a Green Card while maintaining their H-1B status. This makes the H-1B visa particularly appealing to foreign workers seeking long-term residency in the U.S.

Understanding the H-1B Visa Lifecycle: What Comes After Approval

Once an H-1B visa is approved, many foreign professionals assume their journey is complete. But maintaining lawful status and maximizing future opportunities requires ongoing attention to compliance, documentation, and long-term planning. At Sharma Law Associates, LLC, our New York H-1B visa lawyers not only help clients secure approvals but also guide them through the critical post-approval phase.

Maintaining Compliance With H-1B Visa Terms

Remaining compliant with H-1B visa regulations is essential. Any change in employment conditions, worksite location, or job responsibilities must be reported and potentially amended in the H-1B petition.

Common compliance considerations include:

• Notifying USCIS of any material changes in job duties.

• Filing an amended petition for worksite relocations.

• Ensuring continued payment of the prevailing wage.

• Avoiding unauthorized employment or job gaps.

Our H-1B visa attorneys in New York help both employers and employees proactively manage compliance to avoid costly USCIS audits or visa revocations.

Navigating H-1B Portability and Job Changes

Changing jobs while on an H-1B visa is possible, but it must be done carefully and according to specific guidelines. The new employer must file a new H-1B petition before the worker can start the new role. This is known as H-1B portability.

Key considerations include:

• Filing the new petition before leaving the current employer.

• Ensuring the new job still qualifies as a specialty occupation.

• Maintaining continuity of employment to avoid status gaps.

Our New York H-1B Visa Lawyers help clients make strategic decisions about job transitions, ensuring legal compliance and peace of mind.

Planning for the H-1B to Green Card Transition

Because the H-1B is a dual-intent visa, many workers ultimately pursue permanent residency in the United States. However, the process is lengthy and requires meticulous planning, especially for countries with green card backlogs.

We advise clients on:

• When to begin the PERM labor certification process.

• Employer sponsorship and the I-140 petition timeline.

• Filing adjustment of status applications while maintaining H-1B status.

At Sharma Law Associates, LLC, our H-1B Visa Attorneys in New York align short-term visa goals with long-term immigration strategy.

When Employers Downsize or Lay Off H-1B Workers

Job loss is particularly stressful for H-1B visa holders. Fortunately, USCIS provides a 60-day grace period during which the worker can find a new sponsor or change status.

We help workers:

• Evaluate all options during the grace period.

• File a timely request for a change of employer or change of status.

• Avoid falling out of status or triggering unlawful presence.

Our H-1B Visa Lawyers in New York act quickly to protect our clients' legal standing and immigration future.

Understanding H-1B Visa Cap-Exempt Employers

Not all H-1B employers are subject to the annual cap. Cap-exempt organizations include institutions of higher education, nonprofit research entities, and specific government organizations.

Benefits of working with cap-exempt employers include:

• Year-round filing availability (no lottery).

• Greater flexibility for concurrent employment.

• Immediate start dates upon approval.

Our attorneys advise both professionals and institutions on leveraging cap-exempt status to build strong, compliant immigration programs.

Worksite Investigations and H-1B Audits

U.S. Department of Labor and USCIS audits can occur with little notice. Employers must maintain public access files, wage documentation, and job descriptions that accurately reflect the information submitted in the petition.

Our firm provides:

• Pre-audit compliance reviews.

• Guidance on preparing and maintaining required files.

• Representation in H-1B site visits and investigations.

At Sharma Law Associates, LLC, our New York H-1B Visa Attorneys are experienced in defending clients against regulatory scrutiny.

How Our Firm Supports New York's Global Workforce

New York is home to one of the most diverse professional workforces in the country. From finance and fintech to biotech and education, our clients span industries and continents.

We proudly support:

• Tech professionals in Silicon Alley navigating startup roles.

• Researchers at local universities and hospitals.

• Global executives transitioning to U.S. headquarters.

Our firm understands the unique challenges of working and building a future in New York—and we’re here to help at every step.

We Also Serve the Following Areas:

• L1 Intra Company Transfer

• TN Visa

• P Visa

• O Visa

• B1/B2

• R1 Visa

• Green Card

• Family Immigration

• Neutralization

• Immigration Compliance

• Immigration Litigation

• RFE/NOID/NOIR

• Interview Preparation

• Counsellor Interview

• Non-Immigrant Visa

Why Choose Sharma Law Associates for H-1B Visa Services?

Navigating the H-1B visa process can be challenging, with many intricate steps and documentation requirements. At Sharma Law Associates, LLC, we assist our clients every step of the way, offering comprehensive services including:

• In-depth consultation on eligibility and visa requirements.

• Assistance in gathering and preparing all necessary documentation.

• Filing of the Labor Condition Application (LCA) and H-1B petition with the Department of Labor and USCIS.

• Preparation and guidance for H-1B visa interviews.

• Ongoing support for visa extensions, Green Card applications, and any challenges faced during the process.

Speak With Our New York H-1B Visa Lawyer Today

Whether you're new to the U.S. or facing challenges in your current role, Sharma Law Associates, LLC offers trusted legal counsel tailored to your situation. Our New York H-1B visa attorneys provide clear, strategic guidance to keep your immigration journey moving forward.

Contact Sharma Law Associates, LLC today at 646-374-3480, online, or to schedule a personalized consultation on our calendar to speak with a dedicated H-1B visa lawyer in New York who understands your goals and can help you reach them.

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