Best Suited For

  • Employer looking to hire a foreigner but cannot use E-2, L-1 or other types of work visas
  • Employee with at least a bachelor’s degree or higher

Background

The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require a bachelor’s degree or higher in specific specialties.  The employer needs to demonstrate that it has the need for the position.  The position needs to be one that is deemed by authorities such as the Department of Labor to require a bachelor’s degree or higher in a particular specialty.  The H-1B candidate needs to possess at least a bachelor’s degree or its equivalent in that particular specialty.  The government sets an annual quota, and a random lottery is used when there are more applications than availability. Only when a case is selected by the random lottery will USCIS begin to adjudicate the case.  Once adjudicated and approved, the employer can begin to hire the employee and put the employee on the company payroll when the program officially begins.  The worst situation for an H-1B candidate is to have the case drawn by the lottery but fail during adjudication.  Therefore, we highly recommend starting to prepare months in advance with the potential employer.

By nature of circumstances, most H-1B petitions are for international students.  We frequently go to university campuses to work with student organizations and potential employers willing to sponsor and educate students prior to graduating on their available options.  Knowledge is power, and we find many students lack this knowledge or foresight to plan. Help us change this!  Have your international student organizations or your schools get in touch with us.  We have successfully put on seminars that have resulted in OPT hires leading to various visas and employment green cards.  The H-1B is an option, but it is definitely not the only path.

From Danny Chen our lead attorney at Green Maple Law Group: “I wish I knew what I know now when I was an F-1 student at Michigan State studying law.  Nobody provided on-point information from the perspective of what an international student should know and should explore, as well as all available options to consider.  Now I am in the position of an immigration attorney to help and give back to our immigrant community.  Let’s help as many international students as we can!”

Basic Requirements and Suggestions

  • Employer needs to demonstrate the need for creating the position
  • Position is one considered by the Department of Labor or alternative sources as needing specialized education in a particular field
  • Employee possesses such a degree

Pointers to Success

  • For students: start early – network and attend functions while in school; volunteer at business chambers and local business organizations; start connecting with potential employers and our office before graduating or early on in the OPT period
  • For employers: start early – identify what the company may need or may support, and connect with us to determine if a candidate is the right fit
  • Foreign degrees, U.S. degrees and even prior work experience can be combined to form a new, possibly more approvable degree for proving specialty occupation, like breaking apart already-completed Lego® toys to form a new creation… so start planning early!
  • Candidate may start own business and use it to petition, in limited circumstances
  • Not all employers need to go through the lottery, like post-secondary institutions and research-based non-profit organizations

Benefits

  • Employee does not need to invest or create new business (unlike EB-5 or E-2)
  • Employee may have multiple H-1B petitions from different potential employers
  • Able to legally work for the U.S. employer
  • May lead to an employment-based EB-2 or EB-3 green card

Considerations

  • Wage is set by Department of Labor… could consider part time employment
  • Approval rating has steadily declined… must begin preparations early
    • Employer may consider applying for the green card directly to bypass H-1B
  • Subject to IRS FATCA… contact us to consult with one of our FATCA & CRS experts

Application Process

  • Application window opens every week of 1-Apr; when approved, earliest on-boarding employment date on the H-1B is 1-Oct
  • Green Maple helps Employer and Employee go through initial vetting process
  • Obtain and prepare for all necessary documents before filing
  • Total process 4 – 5 months

Success Cases

Most H-1B users are international students.  We hold in-person seminars and video conference seminars for student organizations across the U.S.  Interested?  Have your student organization or your school get in touch with us.  We may be able to invite U.S. employers who may have potential openings to attend as well.

We have helped families, entrepreneurs, start-up operations, multi-national companies, and Fortune 500s with a variety of different types of visas and green card options.  Using our experience, we can competently advise clients on the best paths and the strategies with highest chances to succeed.

  • Families with U.S. born children seeking U.S. education while parents legally remain in America
  • Hollywood entertainment and production companies
  • Global franchises and restaurant chains
  • High tech companies
  • Professional services in law, accounting, medical industries
  • Multiple publicly traded companies and Fortune 500s
  • Individuals with extraordinary abilities in sports, entertainment, business and others
  • Careful and strategic planning for visas and green cards

Contact Green Maple today to schedule a consultation.

See what our clients say about working with us!