H-1B Visa

The H-1B visa classification is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations that require theoretical or technical expertise. This includes positions in fields such as technology, engineering, medicine, finance, and education, among others. To qualify for the H-1B visa, the job must require at least a bachelor’s degree or its equivalent, and the worker must possess the appropriate qualifications for the role.

This visa is often incredibly competitive, and the regulations surrounding the application are quite strict. Our H-1B visa lawyers at Hussain, Bendersky & Liston LLC have the knowledge and skill needed to help you submit a strong application. With decades of experience in employment immigration law, we will support you through the entire process, guiding both employers and employees at each step.

Who We Help

Every H-1B journey looks different, and we tailor our guidance to your specific situation. We often assist:

• Professionals with a U.S. job offer who need help confirming that the role qualifies, matching their education to the position, and building a petition backed by strong evidence.
• Students and OPT workers who need to navigate the H-1B lottery, cap-gap rules, and any gaps in work authorization.
• Professionals changing employers due to a new job offer, a worksite change, or a layoff and need to know when they can start work and how to protect their standing.
• Employees planning for a green card through an H-1B visa.
• Companies sponsoring new hires who need help preparing a compliant, well-documented petition.
• Employers working to meet DOL requirements like the Labor Condition Application, prevailing wage rules, public access files, and Department of Labor compliance.
• Employers responding to an RFE or denial from USCIS and needing help to strengthen the petition.

Whether you are an employee protecting your legal status or an employer building a compliant petition, we bring clarity, precision, and steady support to each case.

Understanding the H-1B Visa

The H-1B visa classification is employer-sponsored, meaning the applicant must have a job offer from a U.S. employer who will file the petition on their behalf. Additionally, the employer must demonstrate that they will pay the prevailing wage for the occupation, ensuring that the employment of foreign workers does not negatively affect the wages or working conditions of U.S. workers.

The H-1B visa is typically granted for an initial period of three years, with the possibility of extending it up to six years. In certain cases, extensions beyond six years may be granted if the individual has reached certain milestones in the process of obtaining permanent residency. The H-1B program is subject to an annual cap, and a lottery system is often used when the number of applications exceeds the available slots.

H-1B workers are also allowed to bring their dependents (spouses and children under 21) to the U.S. under the H-4 visa classification. However, H-4 visa holders have certain restrictions, such as limitations on employment authorization, unless they meet specific criteria.

Why Work With Our Firm for Your H-1B Petition?

The H-1B process leaves little room for error, and the stakes are high for both employers and foreign professionals. Our team combines a strong corporate immigration focus with hands-on experience in guiding specialty occupation cases. We provide:

• Decades of Combined Experience: With over 35 years of combined experience across complex immigration matters, we know how to anticipate USCIS scrutiny and respond to Requests for Evidence with clear, well-supported filings.
• Tailored Strategies for Employers and Professionals: We build each H-1B petition around the specific role, the candidate’s qualifications, and the employer’s business needs, rather than applying a one-size-fits-all template.
• Process-Driven, Organized Case Management: From eligibility assessment and LCA compliance to petition filing and start-date planning, our structured workflow keeps your H-1B case on schedule and audit-ready.
• Accessible and Responsive Support: H-1B matters are often time-sensitive, especially around cap season and grace periods. We provide timely updates and clear communication so you always know where your case stands.
• Long-Term Planning Beyond the Petition: H-1B status is often a step toward a larger goal. We help employers and professionals with extensions, amendments, and the transition to permanent residence through PERM and I-140 planning.

Whether you are an employer sponsoring key talent or a professional building your future in the United States, we are ready to guide your H-1B case with clarity and care.

Here to Guide You Through the Process

While the H-1B visa allows for flexibility in terms of job location and employer changes, the process can be challenging, and applicants often face uncertainty due to the cap and lottery system. Nevertheless, the H-1B visa remains one of the most popular routes for foreign nationals seeking to work in the U.S. in specialized professional roles. Our team at Hussain, Bendersky & Liston LLC is ready to help you through the application process and support you all the way through any last filings or appeals. Reach out today to get started.

FAQs about the H-1B Visa in Chicago