H1B Visas

Orlando H1B Visa Lawyers

For Professionals Temporarily Working in the U.S.

The H-1B visa allows U.S. companies to employ non-immigrant workers in specialty occupations for a specified period of time. “Specialty occupations” include those requiring theoretical or technical expertise in fields such as architecture, engineering, mathematics, science, and medicine.

Congress caps the number of H-1B visas granted each year at 65,000, with some exceptions, such as for advanced degrees. USCIS begins accepting H-1B petitions on April 1 of each year and typically receives applications far in excess of the 65,000 limit. When they receive more petitions than visas, USCIS uses a computer-generated "lottery" process to select the petitions considered for each fiscal year.

Throughout this complex, competitive process, a qualified immigration lawyer can help employers and non-immigrant employees ensure all filings and submissions are accurate, timely, and compliant.

Contact us to schedule a free in-person consultation with an Orlando H1B visa attorney at Lim Law, P.A.

How to Qualify as a U.S. Employer

First, the business must possess a federal identification tax number. Foreign companies not established in the US cannot use an H-1B visa to bring employees to the United States.

Next, the employer must prove the position in question requires a person with “special knowledge,” meaning a professional with work experience and/or education in a specific field related to the position.

As part of this process, the employer must also prepare and submit a Labor Certification Application (LCA) to the federal Department of Labor (DOL). The LCA describes the position and salary offered and must communicate specific situations related to wages, working conditions, and the type of work. It must be published in two visible places in the workplace.

When the Labor Certification Application is approved, the employer may file a petition for a non-immigrant worker no more than six months before the non-immigrant worker’s employment start date. When the petition has been approved, the worker may apply with the U.S. Department of State embassy or consulate abroad for an H-1B visa and for admission to the United States.

Once the non-immigrant worker has entered the US and has begun employment, the employer is responsible for the following:

  • Keeping records of hours, wages, and working conditions for all H-1B employees. If an employer does not document or pay the salary, or does not maintain other necessary records, the company could be forced to pay huge fines and may lose the power to hire H-1B workers.
  • Paying a fee for each H-1B application. If the employer terminates the services of an employee before the expiration of the H-1B status, the employer is responsible for paying the worker’s transportation back to his last residence abroad.

General Requirements for an H-1B Visa

As a non-immigrant worker seeking an H-1B visa, you will be expected to meet the following general employment requirements:

  • You must have an employer-employee relationship with the petitioning U.S. employer.
  • Your job must qualify as a specialty occupation related to your field of study.
  • The industry standard for this position typically requires at least a bachelor’s degree or equivalent work experience, and you can provide credentials documenting your educational and/or work experience at the time of your application.
  • You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.
  • An H-1B visa number must be available at the time of the petition unless the petition is exempt from regular H-1B visa limits.

Additional Information Regarding H-1B Visas

Workers with approved H-1B visas may remain in the United States for up to three years. Extensions may be granted in increments of up to three years. Workers should expect to stay for a maximum of six years, though extensions beyond six years may be possible. Once the maximum six-year period has expired, the worker must spend a year outside the United States before applying for a new H-1B visa. Many workers with H-1B status file for a Green Card to become permanent residents during their initial stay in the U.S.

The spouse of an H-1B employee, as well as children under 21 who are unmarried, may be granted an H-4 non-immigrant visa. Holders of the H-4 visa may attend school but may not work in the United States. However, as of May 26, 2015, certain H-4 dependent spouses of H-1B workers can file for Employment Authorization, as long as the H-1B visa holder has already started the application process for employment-based lawful permanent resident status.

Workers in the United States currently holding a valid non-immigrant visa may apply for H-1B status. For example, if an individual enters the US on an F-1 (student) visa, he or she can apply to change their status to H-1B. An employee may change employers if the new employer files the request on behalf of the employee.

If you have any questions about your H-1B case, call (407) 512-9919 and schedule your free initial consultation with our employment visa attorneys in Orlando and Maitland.

Attorneys

  • Henry  Lim, Esq. Photo
    Henry Lim, Esq.

    Founding Attorney

    Born in Nicaragua, Orlando immigration lawyer Henry Lim knows the immigrant experience firsthand. He knows how stressful the process can be. Because of this, Henry knows the value of an aggressive immigration attorney. He uses his skill and insight to work for you.
  • Rafael  Ortiz-Segura Photo
    Rafael Ortiz-Segura

    Of Counsel

    With 23 years of experience on the bench, former Immigration Judge Rafael Ortiz-Segura brings a unique perspective and a wealth of knowledge to Lim Law, P.A. His time in Orlando immigration court makes him one of the most experienced professionals in immigration in all of Central Florida. Most immigration lawyers in Orlando have argued cases before him.
  • Henye S. Perez Photo
    Henye S. Perez

    Attorney

    Henye S. Perez is the Senior Associate Attorney at Lim Law, P.A. Focusing on Immigration and Nationality Law, Attorney Perez has handled a multitude of cases involving complex immigration matters, ranging from visa petitions to defending immigrants in removal proceedings. He has successfully advocated for clients before U. S. Citizenship & Immigration Services, U.S. Immigration Customs & Enforcement, the Executive Office of Immigration Review and the 11th Circuit Court of Appeals. Graduating ...
  • Michelle  Villagran Photo
    Michelle Villagran

    Attorney

    Michelle Villagran joined the Lim Law team in 2017. As the daughter of immigrants from Mexico, she has a personal understanding of the struggles individuals endure while navigating the American immigration system. Michelle graduated from the University of Central Florida in 2010, where she received a Bachelor’s degree in Business Management. She later graduated from Barry University Dwayne O. Andreas School of Law. During her law school career, Michelle participated in the Barry Law Immigration ...
  • Rachel  Krewson Photo
    Rachel Krewson

    Attorney

    Rachel has been with Lim Law, P.A. since September 2019. Her passion for the law began when she was a child and her parents joke that they knew she would be a lawyer when they discovered her making her sisters sign contracts to commit to promises they made. She began her legal career more than 20 years ago as a receptionist in a small law firm before becoming a paralegal and ultimately going to law school. Rachel graduated from Barry University School of Law in May 2014 and has been practicing ...
  • Daniel  Teyssier Photo
    Daniel Teyssier

    Paralegal

    Daniel E. Teyssier has been with Lim Law, P.A. since March 2018, born in Mexico City. He has a history of 14 years formation and work experience in government agencies such as the Consulate of Mexico in Orlando and the Mission of Mexico to the United Nations in Geneva and Switzerland. He speaks English, Spanish and French, and has an extensive knowledge and experience working with the community. He has a great passion for sports and cars. The most important thing to him is family.
  • Jiamin  Liang Photo
    Jiamin Liang

    International Marketing

    Jiamin is from Canton China, hometown of dim sum and many other delicious foods. As Director of Overseas Marketing for Lim Law, Jiamin coordinates all activities through our China branch in Guangzhou. This magnificent city is home to the Canton Tower and shares very similar weather to Orlando. Jiamin travels all year within China and oftentimes seeks business opportunities for the firm in other countries. At one point, she travelled to eleven cities in China all within six days! Jiamin enjoys ...
  • Vanessa  Vargas Photo
    Vanessa Vargas

    Paralegal

    Vanessa Vargas was born in Lima, Peru. She joined the Lim Law Team one year ago and believes it has been very rewarding opportunity. Immigration law is close to her heart because she underwent the process herself and is eager to help others in need. She is eagerly pursuing her bachelor’s degree with honors in Political Science at the University of Central Florida and will graduate one year earlier than anticipated. She hopes to become a successful Immigration Attorney one day. In her free time, ...
  • Sheana  Malavet Photo
    Sheana Malavet

    Paralegal

    Sheana Malavet was born on a military base in Ceiba, Puerto Rico. She joined the Lim Law family as a Paralegal in February 2019, and she has an educational background in the legal field with degrees in Paralegal and Legal Studies. She has always wanted to be a member of the legal community. She is ambitious and goal oriented. She is passionate about advocating for human rights and aspires to run for congress sometime within the next few years. She loves logic and reasoning games. Her favorite ...
  • Meybelin  Barrera Photo
    Meybelin Barrera

    Law Clerk

    Meybelin Barrera was born in Queens, New York. She is the daughter of Colombian nationals whose immigration story has shaped her pursuit to serve the community. She received a Bachelor's degree with honors in Business & Information Management in addition to a certification and specialization in Financial Operations from Seminole State College. She joined the Lim Law team after working for the Legal Aid Society of the Orange County Bar Association in their Guardian ad Litem program, where she ...
  • Viviana  Roman Photo
    Viviana Roman

    Legal Assistant

    Viviana Roman was born in San Juan, Puerto Rico. She has one daughter, Annabelle, whom she loves to spend her afternoons rollerblading around the neighborhood. She joined the Lim Law, P.A. team over one year ago, and it was something very new for her. She was excited to take on this opportunity and is happy to help others everyday. She loves being part of the Lim Law team, and is excited for the future of our firm!
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Testimonials

  • Claudia

    Excellent

  • Miguelina Mejia

    Los mejores en casos migratorios!! 100% Recomendados

  • Keith Charles

    Respectfully professional

  • Margarett G., via Facebook

    Los recomiendo 100%.

  • Rosario L., via Facebook

    En las Oficinas de Lim Law,P.A Usted encontrará a los mejores Abogados de Inmigración.

  • Lily G., via Google

    Henye went the extra mile to explain things and answer all our questions.

  • Ariadna B., via Google

    La atención hasta el momentp ha sido muy buena, están atentos al caso

  • Giuliana P., via Google

    I truly recommend him to anyone trying to get their citizenship.

  • Julia B., via Facebook

    el mejor abogado felicitaciones.

  • Julie D., via Google

    Tienen la experiencia y la audacia para luchar por sus clientes.

  • Eduardo R., via Google

    Overall fantastic service, very professional and I would recommend Lim Law to anyone needing immigration services.

  • Antonietta M., via Google

    They were phenomenally awesome with great customer service and attention to detail to every concern or question you could have.

  • Elzem G., via Google

    Gracias a Henry Lim Law, a el Sr Pedro, a la sra. Nancy, y a Hennie Pérez Law por su colaboración y ayuda siempre en todo momento.

  • Marita S., via Facebook

    I’m such an extremely happy client and thrilled to now be living here in the States.

  • Robert A., via Google

    I would highly recommend Lim & Associates to anyone.

  • Mareen E., via Facebook

    They are wonderful. Great job!

  • Ana B., via Google

    Henry and his staff are amazing and very well verse in immigration law.

  • Ady G., via Google

    Muy prefecionales y siempre están para ti en las dudas o ayuda que tengas.

  • Diogenes Q., via Google

    A fantastic lawyer and great staff.

  • Gerardo L., via Google

    Excelente Profesional!

  • Billy D., via Facebook

    I've been in law for over 15 years and never seen such an advocate of rights as Henry Lim.

  • Ismael R., via Facebook

    Lim & Associates are great & honest people. They look for the best possible ways to help you & make everything much easier for you

  • Jennifer W., via Facebook

    Henry is an asset to the community, he is a superior leader and mentor.

  • M.A., via Google

    Exceptional customer service.

  • Giovanni C., via Google

    Altamente recomendado para todas aquellas personas que buscan una respuesta a su situación migratoria.

  • Lu K., via Google

    He was there through the whole process, provided detailed information about which documents my wife and I needed, what kind of photos and letters would be helpful, what kind of records and invoices we should have.

  • Debo, via Google

    Get an attorney, get a good attorney, get Lim & Associates. Do it right the first time!

  • Marina D., via Google

    Mr. Lim and all of his staff were extremely helpful and knowledgeable.

  • Fiyen E., via Facebook

    El es uno de los abogados mas capacitado en asuntos de inmigracion.

  • Amy H., via Facebook

    Su excelencia,capacidad y humanidad lo caracterizan.

  • Stefan M., via Facebook

    If you are looking for someone who will handle your immigration issues with personal concern and a high degree of integrity, I would recommend this firm.

  • Martin L., via Google

    His staff is very friendly and everyone there strives to make sure any question or concern you may have gets answered.

  • Lisa S., via Google

    Mr. Lim was able to walk me through this very complicated process as easy as possible.

  • Rosario L., via Facebook

    En las Oficinas de Lim Law,P.A Usted encontrará a los mejores Abogados de Inmigración.

  • Alba F., via Facebook

    Reliable and trustworthy.

  • Margarett G., via Facebook

    Los recomiendo 100%.

  • Ivette R., via Facebook

    Excelente servicio muy profesionales contestan tus preguntas y te mantienen al tanto de cómo va tu caso.

  • Salvador S., via Facebook

    Y la abogada Michelle excelente profesional .Dios los bendiga.

    I'm very [pleased] w/the services I have got from Lim Law office.