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550 E. Devon Avenue, Suite 160, Itasca, IL 60143

DuPage County H-1B Visa Attorney

Schaumburg H-1B Employment Visa Attorney

Lawyer in Itasca, IL for Non-Immigrant Temporary Work Visas

The United States government recognizes that employers must often look abroad to find workers with specialized skills. In most cases, however, employees in specialty occupations are granted entry to the U.S. by means of an H-1B visa. An H-1B visa is a temporary, non-immigrant visa that is intended expressly for workers who have specialized training or those who will be performing services of exceptional merit and ability for the Department of Defense.

At Ana M. Mencini & Associates, P.C., our team provides skilled guidance and trusted representation for employment-related immigration matters. Our lawyers have nearly two decades of immigration law experience, and we know how challenging the process of obtaining a work visa can be. We will work with you in getting the H visas you need for the specialized workers that you wish to hire.

H-1B Visa Basics

On an H-1B visa, a foreign national is allowed admission into the United States for up to three years to perform specialized work for a sponsoring employer. Depending on the circumstances, the admission period can be extended, but not usually beyond six years in total. The worker's immediate family, including a spouse and children under age 21, must obtain an H-4 visa to accompany the worker and to attend school in the United States, but they are not permitted to work on an H-4 visa.

There are several requirements that apply in order for a foreign national to be eligible for an H-1B visa:

  • The worker must be sponsored by a U.S. employer who requires the specialized work. The employer must file the visa application.
  • The employer must file a labor condition application (LCA) with the U.S. Department of Labor to clarify its intent to temporarily employ non-immigrant foreign workers in a specific area of employment.
  • The job must be one that requires at least a four-year degree or a specialized set of skills.
  • The worker must be able to prove that he or she meets the educational or skill requirements of the job.
  • The employer must offer compensation that is at or above the prevailing wage for the specific job in the employer's geographic area.

It is important to keep in mind that the United States government will only grant a limited number of H-1B visas per year. Currently, there 85,000 H-1B visas available annually, so an otherwise qualified worker could be denied if there are no remaining visas in a given year.

Chicago Area Counsel for Employers and Employees

At Ana M. Mencini & Associates, P.C., our team works closely with employers who are looking to hire specialized workers from outside the United States. We can help with filing labor condition applications as well as all of the paperwork required by the visa application process. In addition, we also offer guidance to those who have H-1B visas so that they understand their rights and responsibilities. If you are an H-1B worker who is interested in remaining in the United States permanently, we can assist you in pursuing an Adjustment of Status as well.

Call 630-875-1700 Today

For more information about the services we offer related to H-1B visas, contact our office. Call 630-875-1700 to schedule a confidential consultation and case review at Ana M. Mencini & Associates, P.C. today. Our lawyers serve clients in Itasca, Addison, Bloomingdale, Bensenville, Rosemont, Roselle, Wood Dale, Elk Grove Village, Rolling Meadows, Schaumburg, Cook County, DuPage County, and the surrounding areas.

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