H-1B Attorneys for San Diego, CA
Foreign professionals who have specialized skills can work and live in the United States on an H-1B visa. Annually, 20,000 beneficiaries with a master’s degree or higher from a U.S. university and 65,000 professionals with a minimum of a bachelor’s degree or equivalent are approved.
As a San Diego, CA H-1B attorney, we see many petitions coming from common hotbeds of innovation:
- La Jolla
- Mira Mesa
- East Village
- Sorrento Valley
Over 140 companies in San Diego have beneficiaries who offer specialized talent to fill critical roles in their organizations, address talent shortages, close skill gaps, and keep the company competitive.
We help petitioners and beneficiaries understand the eligibility requirements, how to file the Labor Condition Application, how to file petitions, and even find avenues for their families to join them.
Call us at +1 (855) 644-2581 or contact us online to learn what we can accomplish together.
H-1B Visa Eligibility Requirements
H-1B visas have various requirements, and some of the biggest companies in the U.S. compete fiercely to attract top talent. We assist you in organizing all necessary documentation and evidence to simplify and streamline the process.
First, petitioners and applicants must meet very specific requirements.
Petitioners
Petitioners, the employer in this case, must prove that:
An employer-employee relationship exists.
Employers must pay the greater of the prevailing or actual wages, which can be found on the Department of Labor’s website.
A bona fide offer exists between the two parties.
Strikes or labor disputes are currently not ongoing.
Positions cannot be filled locally by a U.S. worker.
The Department of Labor will need to verify many of the requirements to protect United States worker rights. Additionally, the United States Citizenship and Immigration Services (USCIS) will need to confirm that the beneficiary meets all requirements.
Beneficiaries
A beneficiary must possess either theoretical or practical experience in a specialized occupation. Common fields for specialized talent include accounting, architecture, education, engineering, health and medicine, as well as technology and science.
Occupations may be outside of the few listed above, but there are some instances where the beneficiary will not meet all academic requirements. In this case, petitions can still be accepted with greater evidence to support that the beneficiary has specialized knowledge:
Evidence that the beneficiary is a leader in the field.
Material about the individual published in academic journals or publications.
Significant contributions made by the beneficiary to the field.
Previous work experience in the field.
And many others.
If all eligibility requirements are met, the petition process can begin.
Understanding the Petition Process and H-1B Lottery
Numerous steps must be taken in the petition process, starting with the Labor Condition Application (LCA). Employers must complete the LCA and submit it to the Department of Labor.
Officials will process the application and look for red flags that may stop approval, such as approval negatively impacting:
- U.S. worker wages.
- U.S. working conditions.
If the LCA is approved, it will remain valid for up to three years. Approval of the LCA leads to filing Form I-129, Petition for a Nonimmigrant Worker. All accompanying fees must be paid, and supporting documentation demonstrating the beneficiary’s specialized skills should be provided.
As your San Diego, CA, H-1B attorney, we’ll advise you on which supporting documentation to include, such as certifications, employment agreements, transcripts, and other supporting documentation.
If all 85,000 petitions have been approved for the year, there are exemptions for nonprofit and government research organizations as well as certain higher education institutes.
Applications go through a standard process of:
Filing a Labor Condition Applications
Filing Form I-129
Paying any fees according to the fee schedule
Providing supporting documentation
Processing times can be three to four months or more, depending on workloads.
What’s Next If You’re Selected in the H-1B Lottery?
Congratulations – you’ve been chosen for the H-1B lottery, but there’s still work ahead that must be completed. Additional steps that must be followed are:
- Complete the petition within 90 days of being selected.
- Gather the documentation necessary for the petition, including but not limited to the job description, transcripts, letters, biometric data, passport, and other documents.
- Attending an interview, which may or may not be required. If applying from overseas, an interview is likely.
- Await the final decision, which will come via the I-797 Approval Notice.
Steps can be taken if you’re not selected for the lottery, and we’ll walk you through them.
If You Are Not Selected in the H-1B Lottery
Only a certain number of H-1B visas are granted yearly, so not everyone who enters will be selected in the lottery.
If you are not selected, your San Diego, CA, H-1B attorney can help prepare an alternative path. Other visa options may include:
O-1A Extraordinary Ability Founder Visa
Individuals with extraordinary ability in the sciences, business, athletics or education may qualify for the O-1A visa. This non-immigrant visa is aimed at talented professionals and founders who have attained a high level of achievement in their field.
To qualify, the beneficiary must provide evidence of their extraordinary ability, which may include but is not limited to:
- Prizes or awards in their field.
- Published articles in professional or trade publications.
- Evidence of having served in a key role for a distinguished organization.
- Evidence of having a high salary compared to others in the field.
O-1A visas are valid for up to three years and can be extended annually indefinitely.
L-1 Intracompany Transferee Visa
The L-1 visa allows a foreign company to transfer a manager or executive to an affiliated office in the U.S. or for the purpose of establishing an office in America.
The beneficiary of this visa must have been working for the employer for a continuous year within the three years preceding the application. They must also have the intention to provide executive or managerial services to the company’s U.S. branch.
Other Paths to Working in the United States
If you do not qualify for the O-1A visa or L-1 visa, other options may be available:
B-1 Business visitor visa, which permits you to enter the U.S. for the purpose of conducting business activity. However, it does not give you the right to live and work in America.
E-1 trade, E-2 investment, E-1/2 Essential Employee Visas
Permanent residence pathways, EB-1A Green Card, or the EB-2 National Interest Waiver (NIW).
Schedule a consultation or enroll in our Legal Launch program today to learn more about your options and to see which visas you may qualify for.
How to Choose the Best San Diego H-1B Visa Attorney for Your Career
If you aim to hire and retain foreign talent, the H-1B visa can help you realize your vision for your business. However, the petitioning process can be complex. Along with meeting the requirements, you must also ensure you supply the appropriate documents and meet deadlines.
Having an attorney in your corner who understands the process and has helped others achieve their immigration goals can make all the difference in your outcome.
Finding the right attorney is crucial.
Choose an attorney that will:
- Have the experience and competence to guide you through the tricky process of obtaining an H-1B visa.
- Create solutions and guide you through the right strategy to achieve your goals.
- Manage your case so you don’t have to.
- Respond and answer your questions in a timely manner.
- Put your interests first.
At Founder Law, we understand that petitioning for the H-1B visa can be overwhelming. We have guided thousands of founders, tech companies, and foreign professionals through the immigration process.
About Our Founding Attorney, Sophie Alcorn
Our founding attorney, Sophie Alcorn, is an accomplished San Diego, CA, H-1B attorney and Certified Specialist in Immigration and Nationality Law by the State Bar of California.
As the daughter of an immigration attorney, Sophie was instilled with a passion for this area of law at a young age.
Throughout her career, she has helped thousands of founders and startups with the immigration process. Sophie empowers individuals and organizations to start their immigration path through her contributions to TechCrunch’s “Ask Sophie™ column as host of The Sophie Alcorn podcast.
Additionally, Sophie is the author of Ask Sophie™: The Founder’s Guide to Visas and Green Cards.
We are honored and proud to have been voted a top law firm in CA for technology startups.
Helpful Immigration Resources For the H-1B Visa & More
The Sophie Alcorn Podcast
The Ask Sophie™ column, as featured on TechCrunch
Order Sophie’s Book
Attend Our Free Webinars and Live Events
Subscribe to Our Monthly Newsletter
Accomplish, Together with Founder Law
At Founder Law, we take a strategic and tailored approach to the immigration process that starts with strategizing. As your San Diego, CA, H-1B attorney, we’ll work together to learn more about your needs and goals and create solutions to help you achieve them.
Our experienced and compassionate team will guide you through each step of the petitioning process and the next steps to take after securing your visa.
If you are ready to start your journey to obtaining an H-1B visa, let’s see what we can accomplish together. Contact us today to learn more about our process and start your next steps in the immigration process.
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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