H-1B Attorneys for Houston, TX
As an H-1B attorney serving Houston, TX, and beyond, we help businesses that have open positions in specialty occupations secure foreign talent to fill in roles that cannot be filled with U.S. talent. Corporations and startups, especially in the hotbeds of Rice Village, Ion District, and the Innovation Corridor, benefit from H-1B visas in many ways:
- Combat skill shortages that impact revenue and innovation.
- Fill open positions that are not possible to fill locally.
- Add diversity to the workplace.
Beneficiaries benefit from a pathway to live and work in the United States at some of the most innovative companies in the world.
Houston is a major beneficiary of foreign specialists, especially at the University of Texas and Baylor College of Medicine. USCIS reports over 153 beneficiary approvals for UoT and hundreds of others, both inside and outside of higher education institutes.
Petitioners and beneficiaries who want to collaborate on new and exciting projects can do so with the H-1B visa.
Contact us, and an attorney will walk you through the application process after verifying eligibility.
H-1B Eligibility Requirements and “Specialty Occupations”
Foreign nationals with valid job offers can work in the United States through the H-1B visa lottery. The lottery requires that the “beneficiary,” or person working in the US, work in a specialty occupation requiring a bachelor’s degree or higher.
If a foreign national has a degree equivalent to a bachelor’s degree or sufficient work experience that demonstrates their expertise, they may meet the requirements of a specialty occupation.
Fields that fall into these specialty sectors include but are not limited to:
- Architecture
- Business
- Education
- Engineering
- Health and medicine
- Law
- Mathematics
- Science
- Other industries
Petitioners must tender a valid offer to the beneficiary and show the need to hire the beneficiary. An employee-employer relationship must exist, which means that the employer controls the employee’s work schedule, where they work, and what tasks are carried out.
If the beneficiary does not meet the degree requirements, exceptions do exist. The individual’s practical application and experience in the industry may suffice. Evidence that may be necessary to prove specialized talent includes:
- Recognition for industry leaders.
- Materials published by or about you.
- Higher level of licensure.
- Significant contributions to the field.
- Several others.
Even if a qualified professional meets all the above requirements, they may not be chosen in the lottery due to annual caps.
H1-B Caps and Limitations
Annual caps limit the number of applicant approvals each year. Each year, 85,000 H-1Bs can be issued, but they’re divided into the following:
- 65,000 for individuals with a bachelor’s degree or higher.
- 20,000 for foreign nationals with a master’s degree or higher from a U.S. university
Certain exemptions are in place that allow for more approvals for higher education and research organizations.
At Founder Law, a Houston, TX, H-1B attorney can help you with the petition process and verify whether you’re in one of the cap exemption industries.
Petitioning for an H-1B Visa
The application process for applying for an H-1B visa requires multiple steps to be taken. First, before a petition can be made, you must submit a Labor Condition Application (LCA). Your LCA is sent to the U.S. Department of Labor to verify that hiring the foreign specialist will not:
Impact U.S. workers.
Impact the conditions or wages of workers.
If the LCA is approved, it remains valid for three years, and then you can proceed to the Petition for a Nonimmigrant Worker, also known as Form I-129. Unlike the previous form, this one is sent to U.S. Citizenship and Immigration Services and requires extensive documentation to show that the applicant meets the qualifications for the H-1B visa.
Fees must be paid at this time and can change based on various factors, as found on the USCIS fee schedule.
If Selected in the H-1B Lottery
Anyone chosen for the H-1B lottery can now prepare and submit the petition within 90 days of selection. Gather the associated documentation, including the job description, employment letter, transcripts, biometric data, passport copy, and employer support letter.
As your attorney, we’ll help you gather the necessary documentation.
Applicants may or may not receive a request for an interview. Interviews may be required for anyone applying from overseas. If the petition is approved, you’ll receive an I-797 Notice alerting you to the approval.
Many H-1B visa holders will seek a path to permanent residency by applying for a green card. Family members may apply for a visa to join you in the United States while you maintain a valid visa.
If Not Selected in the H-1B Lottery
The H-1B visa program has caps and limitations. If you are not selected for the lottery, there may be other avenues available. Your Houston, TX H-1B attorney can help you explore these options and prepare an alternative path that helps you achieve your goals.
O-1A Extraordinary Ability Visa. Individuals with extraordinary ability in business, sciences, education or athletics may qualify for this non-immigrant visa. Beneficiaries must be able to demonstrate their extraordinary ability, which can include awards, prizes, published material in professional journals, original contributions of major significance and other accomplishments. We can help you determine whether this visa is a practical option for your unique situation.
L-1 Intracompany Transferee Visa. This visa program helps foreign companies transfer a manager or executive to a U.S. office or establish an office for the organization.
Additional business visas, such as B-1 Business visitor visa, E-1 Trade, E-2 investment, E-1/2 essential Employee Visas are also available.
Permanent residence for corporate employees, such as the EB-1A Green Card and EB-1 National Interest Waiver (NIW).
Not sure which option is right for you? Enroll in our Legal Launch to determine whether you qualify for any of these programs and to find your next steps in the immigration process.
How to Choose the Best H-1B Visa Attorney For Your Career
Petitioning for an H-1B visa is a journey – one that requires proper planning and the right strategy.
Working with a knowledgeable and accomplished Houston, TX, H-1B attorney is key.
When choosing an attorney, consider the following:
- Experience with the H-1B visa process. Petitioning for an H-1B visa can be a complex process. You need an attorney who is familiar with the system and has a proven track record of success. We have assisted thousands of startups and founders with the U.S. immigration process and can help you navigate each step.
- A tailored approach. Does the attorney take a cookie-cutter approach to immigration, or do they create solutions based on your individual needs and goals? At Founder Law, we know that no two clients are the same. That’s why we take a personalized approach to each case and find strategies that work for you.
- Communication. The H-1B visa process can be complex. Along the way, you will have questions or concerns. How quickly will your attorney respond? Consider the attorney’s communication policy and whether they will answer your questions in a timely manner.
- Integrity and compassion. Choose an attorney you feel you can trust – someone who will put your interests first. Ultimately, you’re hiring an attorney to manage your case for you, so you don’t have to. Look for someone with integrity and who will take a compassionate approach to your case.
About Sophie Alcorn, Founding Attorney of Founder Law
As a second-generation immigration attorney, Sophie Alcorn brings years of experience to the table, along with compassion and a commitment to helping people achieve their U.S. immigration dreams.
Along with being voted a top law firm in CA for tech startups, Sophie is a Certified Specialist in Immigration and Nationality Law by the State Bar of California
Outside of the office, Sophie empowers founders, organizations, and individuals to live their dreams through her Ask Sophie™ column on TechCrunch, the Sophie Alcorn podcast, and her insightful book Ask Sophie™: The Founder’s Guide to Visas and Green Cards.
Using a strategic and tailored approach, Sophie and the team at Founder Law help employers and talented professionals secure H-1B visas.
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Accomplish, Together with Founder Law
At Founder Law, we take a personalized approach to immigration strategy, taking your business’s individual goals and needs into consideration every step of the way.
Over the years, we have represented companies and individuals from every corner of the globe and in every industry.
As your Houston, TX, H-1B attorney, we’ll work together to strategize and prepare before moving on to the filing stage. Our skilled and experienced team will help you navigate each step, allowing you to stay focused on your core business.
If you are ready to move forward with your H-1B visa petition, contact Founder Law today to see what we can accomplish, together.
Your Next Move Deserves More Attention.
The wrong immigration strategy can cost you years of progress and mounting legal fees. Founder Law has spent over two decades guiding the tech industry’s top talent and the companies building around them.
We review where you are, map the realistic pathways, and tell you which ones actually fit your timeline, your goals, and your risk tolerance. You leave with a plan, whether you hire us or not.
If your career or your company depends on getting this right, let’s talk.
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