H-1B Attorneys for Boston, MA

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H-1B visas are in high demand, offering employers the ability to secure foreign talent to fill critical roles and applicants an opportunity to live and work in the United States at some of the world’s most promising companies and institutes. As your Boston, MA H-1B attorney, we help you navigate:

  • Eligibility requirements
  • The Labor Condition application
  • Filing a petition
  • Work permits for spouses
  • So much more

In 2024, 2,400 employers in Massachusetts sponsored over 16,000 H-1B visa beneficiaries, including Randstad Digital LLC, Virtusa Corporation, and the Massachusetts Institute of Technology (MIT).

Hotbeds in Boston for applicants include Seaport District, Kendall Square, South Station and Back Bay / South End. Innovative companies, higher education institutes and research centers rely on H-1B visas to:

  • Fill positions where skill shortages exist.
  • Add diverse perspectives to the workplace.
  • Secure talent to reach strategic goals.

Eligible applicants enjoy a pathway to work in the United States, gain experience, and potentially seek permanent residency.

Call us at +1 (855) 546-0015 to discuss your H-1B eligibility and how we can help you navigate the H-1B petition process.

H-1B Eligibility and Specialty Occupation Requirements

Obtaining an H-1B visa requires meeting certain eligibility requirements to show that there’s a need for the applicant’s skills, called a beneficiary, and that the employee has a specialty occupation. Occupations that fall within this classification include:

  • Architecture
  • Business 
  • Education
  • Engineering
  • Health and medicine
  • Law
  • Mathematics
  • Science
  • Other industries

To qualify, beneficiaries must have practical or theoretical knowledge in the field and a bachelor’s degree or higher in an area related to the occupation. The USCIS will conduct credential evaluations and review the applicants’ transcripts and degrees.

Exceptions exist if the petitioner can show that the beneficiary has experience equal to a standard degree. For example, evidence of specialized knowledge may include:

  • Authorship in professional journals and publications.
  • Original contributions to scholarly or scientific journals.
  • Significant contributions to the field.
  • Experience that is equal to or greater than a degree.

As your Boston, MA, H-1B attorney, we’ll review the evidence and whether the beneficiary meets the exceptions.

Employers must also meet mandates and requirements, which include a valid employer-employee relationship, showing that there’s a lack of U.S. applicants who qualify for the position, and that the role is often filled by a specialist or professional.

A valid job offer must be made, and the employer must pay the greater of actual or prevailing wages, which can be found on the DOL Online Wage Search.

How Does the H-1B Lottery Work?

H-1B “lotteries” exist because approvals are limited annually. Each year, 85,000 petitions are approved, and applications fill up quickly. Individuals with a master’s degree or higher from a United States university receive 20,000 approvals, and the rest are given to applicants with a bachelor’s degree or higher or the equivalent in their country.

Exemptions to the cap exist for:

  • Institutions for higher education
  • Nonprofits associated with higher education institutes
  • Government or nonprofit research organizations

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 Happens if You Are Selected in the H-1B Lottery?

Approved applicants will then need to follow additional steps until the visa is provided. Additional steps include:

  • Completing the petition within 90 days.
  • Providing extensive supporting documents for the petition.
  • Potentially attend an interview.
  • Await the USCIS’s decision.

USCIS may require additional documentation through Requests for Evidence (RFEs), potentially prolonging the adjudication process. For those present in the U.S., preserving lawful status during the entire application period is essential to prevent visa-related issues.

Visas last for a period of three years and can be extended for an additional three years. Often, H-1B visa holders will seek permanent residency while holding the H-1B visa. We can help you explore your residency options and also how your family members can join you while in the United States.

What Happens If You Are Not Selected in the Lottery?

Alternative paths may be available if you are not selected in the lottery. As your Boston, MA, H-1B attorney, we’ll help you explore every avenue and create solutions to help you achieve your goals for hiring foreign talent or dreams of working in the U.S.

Other options that may be available to you include:

O-1A Extraordinary Ability Visa

The O-1A visa may be an option for individuals recognized for their extraordinary abilities. This specific visa program is aimed at accomplished professionals who have been recognized for their achievements in the sciences, business, education, or athletics.

To qualify, the beneficiary will need to provide evidence of their extraordinary ability from at least three categories of achievement.

L-1 Intracompany Transferee Visa

The L-1 visa may be a viable path for multinational executives and managers with specialized knowledge. This visa allows a foreign company manager or executive to transfer to the U.S. to launch a new office or work at an affiliated, established office.

Several requirements must be met to qualify for this visa, including but not limited to:

  • The U.S. company filing the petition must have a qualifying relationship with the foreign parent company. 
  • A new office must have adequate physical premises if seeking to establish one in the U.S.
  • The employer must be engaged in business in the U.S. and in another foreign country while the beneficiary remains in America.

Other Paths To Working in the United States

Along with the avenues above, other visa programs may be available to you, including:

Do you need help determining which visa program is right for you? Feel free to schedule a consultation today to discover your available pathways and take the next steps in your immigration journey.

Selecting the Best Boston H-1B Visa Attorney For Your Career: What to Consider

Securing an H-1B visa is a process that requires the right strategy and an expert guiding hand. Your Boston, MA, H-1B attorney will play a pivotal role in the outcome of your petition, so it is crucial to make your decision carefully.

When selecting an attorney, consider the following:

  • Experience. Given the intricate nature of immigration law and the frequent policy changes, it’s crucial to work with a legal professional who has a proven track record in successfully navigating the complex H-1B process. It is important to have someone on your side who knows how the system works and has a track record of success. At Alcorn Law, we have helped numerous tech companies and individuals navigate U.S. immigration.
  • Approach. Does the attorney take a one-size-fits-all approach to H-1B visa cases? At Alcorn Immigration Law, we know that every client has a unique story and goal. That’s why we take a tailored approach to every case. We create solutions based on your individual aspirations and will walk you through the right strategy to reach them.
  • Responsiveness. The immigration process can be complex. If you have questions or concerns, how quickly will the attorney respond? Look for someone who is responsive and will reply to your messages in a timely manner.
  • Integrity and compassion. Choose an attorney who will put your interests first and approach your case with compassion.  

At Alcorn Immigration Law, we know what works and what it takes to succeed with an H-1B visa petition. Using our strategic, proven method, we have helped tech companies, startups, and talented foreign professionals achieve their goals.

About Sophie Alcorn of Alcorn Immigration Law

Voted a top law firm in California for tech startups, Alcorn Immigration Law has helped thousands of founders and startups navigate U.S. immigration.

Founding attorney Sophie Alcorn is an accomplished immigration attorney and a Certified Specialist in Immigration and Nationality Law by the State Bar of California. She is among only a handful of immigration attorneys in Silicon Valley with this prestigious designation.  

As host of The Sophie Alcorn podcast, author of Ask SophieTM: The Founder’s Guide to Visas and Green Cards, and contributor to TechCrunch’s “Ask SophieTM” column, Sophie empowers founders and professionals to take the first steps on their immigration journey. 

Sophie and her experienced team have developed a tailored, strategic approach to the H-1B visa path and can guide you through each step.

Immigration Resources For the H-1B Visa Program & More

Let’s See What We Can Accomplish, Together

Whether you’re a founder, startup, or motivated professional, the H-1B visa program creates opportunities to secure the talent you need and accomplish your dreams in the U.S.

At Alcorn Immigration Law, we understand that navigating the system can be challenging and overwhelming. As your Boston, MA, H-1B attorney, we will walk you through the entire process, from strategy to approval. The first step is to understand your situation, goals and needs. Contact us today to start the strategy-building process and begin your journey to securing an H-1B visa.