H-1B Attorneys for Los Angeles, CA

Home » Los Angeles Immigration Attorney for Startup Founders » H-1B Attorneys for Los Angeles, CA

As a Los Angeles, CA H-1B attorney, we know how crucial H-1B visas are to some of the city’s most innovative areas, including Silicon Beach, Culver City, DTLA, El Segundo, Pasadena, Glendale, Beverly Hills, and Santa Monica.

Hotbeds for innovation are competing for world’s best talent, including foreign specialists who fill integral roles with their background in specialty occupations.

Sponsors (employers) can petition on behalf of a beneficiary (employee) to help them remain and work in the country for:

  • Up to three years, initially
  • An additional three years
  • Plus, options for extensions beyond the initial six years in certain circumstances

Local talent may not be sufficient to fill key specialty occupation roles in architecture, business, education, engineering, finance, health and medicine, law, math, science, technology, and other industries.

Sponsors can fill these positions and build a diverse workplace with talented workers who have the skills to combat workplace shortages and growth bottlenecks.

Over 9,000 petitions were approved in California last year, and many of them are right here in Los Angeles. Beneficiaries work at universities, medical centers, gaming companies, media networks, banks, AI startups, tech companies, and more.

If you’re seeking an H-1B visa or want to petition for a beneficiary, we can help you accomplish your goals together.

Call us at +1 (855) 644-2581 to speak to an attorney about H-1B eligibility, requirements, and the petitioning process.

Meeting H-1B Eligibility Requirements

H-1B visas are limited to 85,000 per year, with 20,000 for beneficiaries with a master’s degree or higher from a U.S. university and 65,000 for foreign workers with a minimum of a bachelor’s degree or the equivalent from their country. 

Exemptions do exist for certain higher education institutes and research centers, but the limit on H-1B visas means there are strict requirements, including but not limited to:

  • Beneficiaries must have a relevant degree or sufficient work experience in a specialty occupation. 
  • There must be a bona fide job offer.
  • An offer must be made to the beneficiary.
  • Workplace disputes and strikes must not be ongoing. 

Employers must also show that hiring the beneficiary will not negatively impact U.S. workers.  Wages must also follow the DOL Online Wage Search and pay the:

  • Prevailing wage equal to or higher than someone in a similar occupation
  • Actual wage, if it is higher than the prevailing wage

If beneficiaries and petitioners meet the above requirements, you can move on to the petition process and work towards getting a visa.

What is the H-1B Lottery?

H-1B visa caps mean that only a limited number of petitions receive approval each year. Petitions for certain organizations are uncapped, but for all other companies, they are capped. Exemptions exist for:

  • Higher education institutes or nonprofit associations with them.
  • Government or nonprofit research organizations.
  • Companies affiliated with these qualifying institutions.

The H-1B process differs for cap-subject and cap-exempt petitions, with cap-exempt employers able to file at any time.

Entering the cap-subject petition process is a multi-step process that a Los Angeles, CA H-1B attorney at our firm can help you navigate. Petitions always start with the Labor Condition Application, also known as the LCA.

LCAs are sent to the Department of Labor and verify that hiring a foreign specialist will not affect United States workers.

Upon approval of the LCA, petitioners must file Form I-129 and provide any supporting documents necessary for the visa. Information relating to the employment relationship should also be supplied, along with the filing fee.

Once the petition is filed, the USCIS must process the file and approve or deny it. Wait periods can be many months, so it’s best to start the process as early on as possible and use Premium Processing.

What are the Next Steps if You Are Selected in the H-1B Lottery?

If you are selected in the H-1B lottery, the next step is to initiate the petition process. We will walk you through the process, which will involve:

  • Completing and submitting the petition within 90 days
  • Gathering and providing the appropriate supporting documents with your petition
  • Waiting for USCIS’ decision
  • Potentially attending an interview

Along the way, you will need to pay fees, including a processing fee, filing fees and an anti-fraud fee, as well as optional Premium Processing. Most H-1B costs will be the responsibility of the employer, as per federal regulations. Some exceptions apply. We’ll break down the fees to simplify things and ensure you’re following the rules.

H-1B visa holders who wish to remain in the United States can seek a green card while in the U.S. on their visa. Immediate family members can join the visa holder, such as their spouse or children under the age of 21. Children will be able to attend school, but the visa holder must claim anyone who comes over with them as a dependent.

What are the Next Steps if You Are Not Selected in the Lottery?

If you are not selected in the lottery, your Los Angeles, CA, H-1B attorney can help you prepare an alternative path.

Other visa programs may be available to you, such as:

  • A cap-exempt H-1B based on work at a qualifying organization.
  • The O-1A Extraordinary Ability Visa. This visa is available to foreign professionals with extraordinary ability. To qualify, you must be able to demonstrate your accomplishments, whether that be awards, prizes, published articles, or some other qualifying evidence.
  • The L-1 Intracompany Transferee Visa. Many startups and companies use this visa to establish offices in the U.S. It allows a foreign company to transfer a manager or executive to an affiliated U.S. office or establish an office in the country. You must have a viable business providing goods or services in the U.S. and be willing to do business in America as well as one other country for the duration of the visa.
  • Additional visas, such as E-1 trade, E-2 investment, or E-1/2 essential employee visas.
  • The B-1 business visitor visa if you plan to conduct business activity in the United States.
  • Permanent residence paths for founders, such as the EB-1 National Interest Waiver (NIW) or the EB-1A Green Card, or the PERM process followed by EB-2 or EB-3

To explore alternative paths and find your next steps in the immigration process, schedule a consultation or get started with Legal Launch today.

How to Select the Best Los Angeles H-1B Visa Attorney for Your Path

Selecting the right Los Angeles, CA, H-1B attorney is one of the most important decisions you will make when starting your immigration journey.

Whether you are looking to hire and retain foreign talent or have a desire to live and work in the U.S. as a foreign professional, an attorney can guide you through each step and manage your case so that you don’t have to.

Finding the right attorney is key.

There are several things to consider, including:

  • Experience. Choose an attorney who understands the H-1B visa process and has a track record of success. Petitioning for a visa can be a complex process. You need someone who is knowledgeable of the system and how to overcome challenges you may face along the way. Our accomplished team has helped thousands of startups and founders with the immigration process.
  • Strategy. Look for an attorney who will create a tailored solution and strategy based on your individual goals and needs.
  • Communication. Securing an H-1B visa is a process. You need an attorney who can explain each step so that you know what to expect. If you have questions or concerns, your attorney should respond in a timely manner.

Experience and competence are crucial, but ensuring that your attorney will put your interests first and act with integrity is equally important. 

About Sophie Alcorn, Our Founding Attorney

The H-1B visa program drives innovation and allows organizations to fill skill gaps with exceptional foreign talent. 

At Alcorn Immigration Law, we understand that the petitioning process can be complicated and challenging without expert guidance. Our team can help you navigate each step.

We have helped countless founders, startups, and professionals secure H-1B visas using our strategic, proven method.

Voted a top law firm in California for tech startups, Alcorn Immigration Law’s accomplished team can help you find the next steps in your immigration journey.

Sophie Alcorn, our founding attorney, is a Certified Specialist in Immigration and Nationality Law by the State Bar of California, Board of Legal Specialization.

As host of The Sophie Alcorn podcast, author of Ask Sophie™: The Founder’s Guide to Visas and Green Cards, and contributor of TechCrunch’s Ask Sophie™ column, Sophie empowers startups, tech companies, and talented professionals to initiate their H-1B visa journey and gain a better understanding of the process.

Immigration Resources For H-1B Visas & More

Accomplish, Together with Alcorn Immigration Law

At Alcorn Immigration Law, we employ a tailored, proven method to facilitate the immigration process. Our method is based on compassion and listening to our clients’ needs and goals.

The first step is to develop a strategy for your goals before moving on to preparation and filing. We’ll walk you through each step, ensuring you provide the appropriate documents and file your petition properly.

As your Los Angeles, CA H-1B attorney, we put your interests first and will work closely alongside you to achieve your immigration goals.

To see what we can accomplish together, contact Alcorn Immigration Law today.