Do I Need a Lawyer to Apply for an H-1B Visa?

Having a lawyer by your side will increase the chances of your visa being accepted. Here is how a lawyer can help you apply for an H-1B visa and why you should consider hiring one.

H-1B Visa’s Annual Application Challenges

Each year, hundreds of thousands of foreign workers wish to relocate temporarily to the U.S. at the behest of their employers to occupy important and specialized roles in different job positions.

If you possess specialized knowledge and have the opportunity to work for a U.S. employer, you are among the lucky ones. However, receiving the H-1B visa necessary to work physically and legally in the U.S. can be a challenge.

Hiring a lawyer to apply for an H-1B visa isn’t mandatory but it is advisable and highly beneficial. An H-1B visa lawyer can guide you through the U.S. immigration legal system or provide valuable assistance should you encounter any challenges during your submission.

This is because the number of H-1B visas is capped each fiscal year. In 2024, over 780,000 individuals registered with USCIS for an H-1B visa application, setting a new record. Although this may sound good, it also means the competition is even stiffer in having your application approved. Resubmitting it may also take longer, especially if you prepare your documents incorrectly.

The annual fiscal cap for H-1B visas is usually 85,000. This includes the 65,000 regular H-1B cap and the additional 20,000 spots reserved for individuals who have earned a master’s degree or higher.

This means that for the fiscal year of 2024, about nine people are struggling for one available H-1B visa spot. If the trends continue to rise, as showcased by analyzing previous years, the numbers will get even higher unless the cap is modified.

Unless you want to work for certain universities, nonprofit research organizations, or government research organizations, the competition for H-1B visas is at an all-time high.

Yet, you can increase your chances of obtaining a H-1B visa if you work with an experienced H-1B visa lawyer.

H-1B Visa


Eligibility Evaluation

There are certain qualifications and requirements that you must meet if you want to apply for a H-1B visa. Sometimes, these qualifications and requirements may seem complex or difficult to understand, especially since they pertain to your work experience, the job offer, and your educational background.

With so many factors affecting your eligibility and competing with so many people to gain an H-1B visa, a lawyer can remove some of the burden by ensuring you are eligible for application from the start.

If there are certain issues with your eligibility, an H-1B visa lawyer can help you address them promptly, depending on your unique circumstances and case.

Application Preparation

There are many complex forms and documentation needed for an H-1B visa but a dedicated lawyer will be there for you to ensure that you are ready. They will guide you throughout the process and help you gather and organize the necessary documentation.

However, simply having the right documents and completing the forms isn’t enough. A lawyer will also make sure that everything is filled out correctly and accurately so that you avoid possible delays or denials.

Navigating The Legal Requirements

Immigration laws and regulations are complex, and even though some of them may still be the same as last year, that doesn’t mean that others weren’t subject to changes or will be in the future.

However, a skilled H-1B visa lawyer is always up-to-date with the latest immigration policies. This way, they can help you comply with the legal requirements. Whatever questions or concerns you may have regarding the H-1B visa process, a lawyer will be there to support you and address any issues related to immigration law.


Maximizing Approval Chances

Sometimes, qualifications or job offers aren’t necessarily presented in the best way. Without a good presentation, even the best qualifications or job offers may be undervalued.

A lawyer can make your case stand out from the rest because they will present your qualifications favorably, such as highlighting your relevant experience, addressing any potential issues, or providing legal strategies to increase your chances of approval.

Addressing Requests for Evidence (RFE) or Denials

Some H-1B visa petitions occasionally receive an RFE or are denied for various reasons. However, you shouldn’t give up the fight. Do not think your petition is over because there are many other applicants.

Your lawyer can help you effectively and swiftly deal with an RFE or denial by developing a strategic response to address any USCIS concerns outlined in your notice. They will also provide additional evidence to support your H-1B visa application, contest the decision professionally, and give you yet another chance for approval.

If you work alone or have not contacted a lawyer before your H-1B visa application, it might be harder to do this. Because of this, you should consider consulting a lawyer before the application begins to ensure that everything is right from the get-go.


Professional Advocacy

When you work with an H-1B visa lawyer, they will professionally communicate with the USCIS. If legal issues arise, your lawyer will be ready to address them. Do not despair if you have concerns about eligibility or other complex circumstances.

Instead, get some peace of mind and maximize your chances of success by working with a lawyer. You can set up a consultation with one to have your case evaluated and receive personalized guidance.

If you have fought hard to get where you are now, let a lawyer do the rest and ensure that you get the merits of your work and apply for the H-1B visa properly. Get an advantage over the rest of the candidates by working with a lawyer and maximizing your chances of success today!