Immigration Lawyer, Woburn

H-1b Visas

The H-1B visa program allows United States companies to employ professional workers in specialty occupations which require the theoretical and practical application of a body of highly specialized knowledge as well as the attainment of a bachelor's or higher degree in the specific specialty or its equivalent. 

Current laws limit the annual number of qualifying foreign workers who may be issued an H-1B visa or otherwise be provided H-1B status to 65,000, with an additional 20,000 visas available for those who possess a U.S.-earned master's or higher degree ("advanced degree exemption"). Once the cap is reached, the USCIS only accepts H-1B petitions that are exempt from the cap.

  • Initial Stay: Up to three (3) years, but may not exceed the validity period of the LCA.

  • Extensions: Up to three (3) years, but may not exceed the validity period of the LCA.

  • Maximum Stay: 6 years*. 

  • Petition Process: Employer files Form I-129 along with a copy of the LCA and other supporting documents.

  • Premium Processing: Available for certain H-1B Petitions. See USCIS website for details.

  • Cost: Varies depending on size of the Petitioning Employer and its dependency on foreign workers. Costs may include:

    • $460 (I-129 Filing Fee);

    • $750/$1,500 (American Competitiveness and Workforce Improvement Act of 1998);

    • $500 (Fraud Prevention and Detection Fee); 

    • $4,000 (Pub. L. 114-113); 

    • $1,440 ( I-907 Premium Processing Fee); and/or

    • $190 (DS-160, Online Nonimmigrant Visa Application). 

  • Timeline: Varies. Visit the USCIS Processing Times website to the most up-to-date information.

* An alien who is in H-1B status or has previously held H-1B status is eligible for H-1B status beyond the 6-year limitation if at least 365 days have elapsed since:

(i) The filing of a labor certification with the Department of Labor on the alien's behalf; or

(ii) The filing of an immigrant visa petition with USCIS on the alien's behalf.

Additionally, beneficiaries of an approved EB-1, EB-2, or EB-3 petition that are unable to file for, or obtain, an immigrant visa or adjustment of status due to per country limitations, may be granted H-1B extensions for periods of up to 3 years at a time.

Call Today to Schedule a Free Consultation with an H-1B Attorney in Woburn, Massachusetts

Lally Immigration Services, LLC prepares H-1B petitions and advises U.S. employers on the following matters related to these petitions:

  • Prevailing wage determinations and payment of salary;

  • Evidence to prove employer-employee relationship;

  • Speciality occupation qualifications;

  • Third-party worksites;

  • Short-term placements;

  • Change in worksite locations;

  • Nonproductive work and benching;

  • Change of status and H-1B Cap ("Cap Gap"); and

  • Portability from cap-exempt to cap-subject employer.

If you have questions about H-1B visas and/or extensions beyond 6 years, contact an H-1B Lawyer in Woburn, MA. Lally Immigration Services, LLC is located in Woburn, Massachusetts and offers free initial phone consultations.