REPRESENTING CLIENTS IN ALL 50 STATES AND OUTLYING TERRITORIES OF THE UNITED STATES

Immigration and Nationality Law

LAW OFFICE OF

Call us for a free initial consultation:

(909) 378-0318

Copyright 2017. Law Office of Carlo Borja. Disclaimer

Carlo Franco L. Borja is a licensed attorney in California and is authorized to represent clients in immigration matters nationwide. Based in Southern California, the immigration law firm serves clients mainly in Los Angeles County, Orange County, San Bernardino County and Riverside County including, but not limited to: Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell Gardens, Bellflower, Beverly Hills, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Culver City, Diamond Bar, Downey, Duarte, Eagle Rock, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Huntington Park, Industry, Inglewood, Irwindale, La Habra, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes, Paramount, Pasadena, Pico Rivera, Pomona, Redondo Beach, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Temple City, Torrance, Vernon, Walnut, West Covina, Hollywood, Westlake Village, Whittier, Anaheim, Brea, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Niguel, Mission Viejo, Newport Beach, Orange, Santa Ana, Stanton, Tustin, Westminster, Adelanto, Chino, Chino Hills, Colton, Fontana, Hesperia, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Rialto, San Bernardino, Upland, Victorville, Corona, Eastvale, Hemet, Indio, Lake Elsinore, Menifee, Moreno Valley. Murrieta, Norco, Perris, Palm Springs, Riverside, Temecula and surrounding areas. Filipino Immigration lawyer representing clients in all US states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming. 

H1B visa or status is granted to foreign nationals who are sponsored by a U.S. employer to work in a specialty occupation. Specialty occupation is one that meets at least one of the following criteria:

• A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position; 
  

• The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a  bachelor's degree in a field related to the position;
  

• The employer normally requires a degree or its equivalent for the position; or
  

• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
  

The usual occupations that qualify under the H1B category are physical therapists, occupational therapists, engineers, accountants, computer programmers, clinical laboratory scientists or medical technologists, teachers, and other professional positions.

The H1B program is subject to an annual numerical cap of 65,000 visas per year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. H1B petitions for workers to be employed at an institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization are exempt from the cap.

USCIS accepts H1B cap petitions on April 1 of every year and if approved, the H1B worker can start employment on October 1 of the same year, which is the start of the H1B fiscal year. The cap is usually filled up quickly so it is highly advisable to file the H1B petition as early as April 1. In recent years, USCIS has been reaching the numerical cap within only the first week of the filing period and therefore, has been subjecting the received petitions to a random selection process or “lottery.”

H1B status is usually granted for 3 years and can be extended for a maximum of 6 years, subject to certain exceptions.  Family members of the principal H1B worker may accompany the principal in the U.S. on H4 status.

If you are an employer who intends to hire a foreign worker for a specialty occupation or a foreign worker with a potential U.S. employer who is willing to sponsor you for an H1B visa, feel free to contact the Law Office of Carlo Borja so we can assess your case and assist you throughout the H1B petition process.