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The Role Of An Attorney During The H-1B Petition Process

The Role Of An Attorney During The H-1B Petition Process

When you’re doing something as life-changing as moving to another country for a job opportunity, you can become overwhelmed by all the formalities. While an immigration attorney isn’t a requirement, many people prefer to employ the services of one to ensure the process goes ahead smoothly. 

As part of our H-1B series of articles to help you stay informed about the various visa processes, HiCounselor has put together some reasons why you might want an H-1B immigration attorney. If you’re looking for companies that help with H-1B visas, use our free resource here. You can use it to narrow your search options and will be given additional helpful information like recruiter names and their alma maters!

When Is It Better To Have An Attorney?

Some administrative changes have now been introduced that make the H-1B visa process a little more complicated for some applicants. For example, if a job requires low certifications/skills or is entry level or lower wage level, options to get an H-1B visa might be limited. H-1B visa extensions are now being treated like new petitions. 

The visa process is also more complicated now for students on F-1 visas and Optional Practical Training (OPT) who are looking to get an H-1B visa to continue their stay in the US. If you need an H-1B visa transfer to a new employer, you might also face more stringent rules now. With some confusion about the new standards and requirements, it might be helpful to have an H-1B visa attorney guiding you. 

The Role Of An H-1B Visa Attorney

So what exactly can an attorney do for you during the visa process? Turns out, they can cover wide ground for you. An H-1B visa attorney can guide you about the overall process and what you can expect. They can also help you complete your petition and make sure you have all the right documents. They can guide you about the visa lottery selection and help you follow up if you qualify. 

Other ways an H-1B visa lawyer can help is by helping you get the most current prevailing wage for the job and location. They also help employers file the Labor Condition Application (LCA) through the Department of Labor's iCERT online system. They also file the petition with the USCIS and then respond to any Requests for Evidence from the USCIS.

Should You Get An H-1B Visa Attorney?

Many employers and employees prefer to go through the visa process without using lawyers. However, with changes having been introduced, some are opting to utilize lawyers' services to make the process hassle-free for themselves. 

If a sponsor pays and the petition is rejected, the sponsor gets their monetary investment back apart from the lawyer’s fees. If the petitioner pays for the attorney, they should calculate whether the fees are worth the simplification of the process. 

What To Look For In An H-1B Visa Lawyer

If you decide to get a lawyer to help you secure a visa, there are some things to keep in mind before you hire one. Your attorney should be admitted to and in good standing of a state bar. Ideally, your lawyer should be a member of AILA (American Immigration Lawyers Association) because that shows great familiarity with immigration laws. 

Even though your attorney may be familiar with immigration laws, it doesn’t mean they’re highly knowledgable about H-1B visa laws. They could be more familiar with asylum laws or family immigration. You should try to get a lawyer who has H-1B visa experience to improve your odds of success. Of course, always make sure that you can afford the lawyer you’re hiring! Ask for all fees and expenses upfront. 

We hope this information helps you decide whether you need an attorney or not! You can check out our other H-1B visa articles for further information. If you’re looking for a job that assists with sponsoring visas, you can use our handy tool here. You can narrow down your options and get valuable information on how to connect with recruiters as well!

If you need any help in securing a job or preparing for interviews, get in touch with us at HiCounselor. We’re the best career accelerator in the IT industry and the best part about choosing us is we only take payment if we help you get a job. So you don’t have to worry about paying us before you have a job in hand!