H-1B visa lawyer, attorneys

Your ultimate guide to understanding the H-1B visa system

H1B visa law is a complex topic. The process of making your candidates stand out in a crowded pool of talent is best left to experienced H-1B lawyers, attorneys. For employers, the H-1B program is a modern and effective way to increase retention. Hiring H-1B talent is a strategic move by forward-thinking HCM professionals that believe investing in talent is key to achieving business goals.

The basic requirements under the H-1B Visa Program can be found here:

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    The H-1B visa classification applies to foreign nationals who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. We chose the slogan the Power of H-1B Loyalty because it is important for the employer to understand that H-1B employees are smart, work hard and are very loyal to the employers. As a result, most of our clients retain H-1B employees and their business improve because they are not only very talented individuals but people who are reliable.

    The H1B visa classification allows employers to recruit and hire graduate-level foreign workers in specialty occupations for up to six-year period. Maximum period of stay generally 6 years (extensions beyond 6 years may be possible). An employee must have a job offer from U.S- based employer in this category, the U.S. employer petitions the USCIS for the alien’s entry to the United States for purposes of working with that employer.

    This category is designed to attract highly skilled professionals to work in the U.S. on a temporary basis. Although often sought in fields devoted to medicine, science, engineering, and technology, professors, researchers. Also includes specialized fields such as finance, accounting and other professionals.

    The H1B visa classification is available only to workers in occupations requiring highly specialized knowledge normally acquired through attainment of a four-year college degree. The applicant must possess at least a bachelor’s degree or its equivalent. There is a cap of how many H-1B visas are available every year – 85,000 (20,000 of the totals is allotted for the individuals with U.S. Master’s degrees or higher.)

    The Petition Selection Lottery for H1B Visas:

    • For the last few years, the USCIS has been receiving substantially more than 85,000 petitions in the first 5 business days.  
    • What happens when the 85,000 limit is reached?  
    • The USCIS conducts a computer-generated lottery of the petitions that are received in the first 5 days of the filing period.  
    • Therefore, to increase your chances of being selected, the H-1B visa application should be filed on the first day of the filing period (April 1 or the first business day in April).  
    • The petitions that do not get selected in the lottery process will be rejected. The USCIS should return the filing fee. 

    The H-1B is a complex process but don’t worry about it. We are here for you!


    The first step of the process for obtaining an H-1B visa is for the employer to file a Labor Condition Application with the Department of Labor for certification. Next, the employer must file a Form I-129 with the appropriate USCIS Service Center.

    After Approval

    Once the Form I-129 petition has been approved, the employee must then apply for an H-1B visa from the U.S. Department of State and apply for admission to the United States.

    Hundreds of H-1B petitions filed for employers and industries throughout the United States rely on Loigica Lawyers.

    Count on the support of a team of highly experienced H-1B visa Lawyers. Whether you are the employer or the candidate, at Loigica® you will find a trusted team that will guide you through the H-1B process.

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