H-1B Visa Lawyer in New York
An H-1B visa lawyer in New York helps employers hire foreign professionals and helps workers keep their status on track. At Zavala Law Firm, PLLC, attorney Eliud Zavala has more than a decade of immigration experience and is a member of the American Immigration Lawyers Association. We work with startups, small businesses and established employers across New York City and New Jersey, in English and Spanish. The H-1B program has strict deadlines and changed rules for recent filing seasons. This visa is not right for every role, so we review the job and the worker first.What Is an H-1B Visa in New York?
The H-1B is a temporary work visa for jobs in a specialty occupation. That usually means the role requires at least a bachelor’s degree in a specific field, or its equivalent. The visa is defined in 8 U.S.C. § 1101(a)(15)(H), with the annual limits in 8 U.S.C. § 1184. The employer must pay at least the required wage for the job and location. H-1B status is usually granted for three years and can be extended to six.The H-1B Process, Step by Step
A typical new H-1B case follows this order.| Step | What happens | Key form |
|---|---|---|
| 1. Registration | The employer registers the worker in USCIS’s annual selection in March. | Online registration |
| 2. Selection | USCIS selects registrations for the 65,000 regular and 20,000 master’s cap slots. | Selection notice |
| 3. Labor condition | The employer files a wage and working-conditions attestation with the Department of Labor. | Form ETA-9035 |
| 4. Petition | The employer files the H-1B petition with USCIS. | Form I-129 |
| 5. Start date | Approved cap cases can usually start work on October 1. | Approval notice |
| 6. Visa stamp | Workers outside the U.S. apply for the visa at a U.S. consulate. | Form DS-160 |
H-1B vs. Other Work Visa Options
If the H-1B lottery does not work out, other options may fit:- TN visa: for Canadian and Mexican professionals, with no lottery. See our TN visa page.
- L-1: for transfers within a multinational company.
- O-1: for people with extraordinary ability in their field.
- E-3 and H-1B1: for Australian, Chilean and Singaporean professionals.
- Cap-exempt H-1B: universities, related nonprofits and research groups can file all year.
H-1B Extensions, Transfers and Family Members
A worker already in H-1B status can usually change employers without a new lottery. The new employer files a petition, and the worker can often start once it is filed. Extensions beyond six years may be possible when a green card case is far enough along. Spouses and children under 21 can join the worker in H-4 status. Some H-4 spouses can currently apply for a work permit once a green card process reaches a certain stage. DHS has said it plans to change this rule, so confirm before relying on it. Losing a job starts a short grace period, so act fast if that happens. Workers who travel abroad need a valid H-1B visa stamp to return, which works much like consular processing for immigrant visas. Plan travel around stamping appointments, since wait times at some consulates run long.H-1B Visa Lawyer Serving New York City Employers
We help employers and professionals in Manhattan, Brooklyn, Queens, the Bronx, Staten Island and Northern New Jersey. Our Lower Manhattan office is at 325 Broadway. Many H-1B employers also need help with other workers, compliance and future green cards. Learn more on our business immigration page, or read about temporary work authorization.Frequently Asked Questions
Can I apply for an H-1B myself without an employer?
No. A U.S. employer must register and file the petition for you. Some business owners can be sponsored by their own company if there is a real employer-employee relationship.
Do I need an H-1B lawyer near me in New York for the registration?
Not always, but it helps. Mistakes in registration or the labor condition application can sink a case later. A lawyer also checks whether the new fee or wage rules affect your filing.
Can I change jobs on an H-1B without going through the lottery again?
Yes, in most cases. Workers already counted against the cap can move to a new employer through a transfer petition. The new employer files before you start.