How to Secure an H-1B Visa: A Guide for Foreign Professionals and U.S. Employers
July 31, 2025
How to Secure an H-1B Visa: A Guide for Foreign Professionals and U.S. Employers
Hiring or becoming a highly skilled foreign professional in the United States involves navigating the H-1B visa process — one of the most popular, yet complex non-immigrant employment-based visa programs. At Taylor & Associates Law, P.C., we help U.S. employers and qualified international professionals overcome legal hurdles and secure the visas they need to succeed.
Whether you’re a tech company recruiting software engineers, a hospital hiring specialized medical professionals, or an international graduate seeking to apply your education, this guide walks you through what you need to know about H-1B visas.
What Is the H-1B Visa?
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise. These typically include jobs in engineering, IT, finance, mathematics, medicine, architecture, and more.
To qualify, a position must require at least a bachelor's degree or its equivalent in a specific field. The foreign professional must meet those qualifications, either through education or a combination of education and relevant experience.
Key Requirements for the H-1B Visa
For the petition to succeed, both the U.S. employer and the prospective employee must meet strict criteria:
For the Employer:
- Must offer a specialty occupation that requires a degree or equivalent.
- File a Labor Condition Application (LCA) with the Department of Labor, attesting to fair wages and working conditions.
- Maintain a Public Access File for compliance purposes.
For the Employee:
- Hold at least a U.S. bachelor’s degree or foreign equivalent in the specialty field.
- Possess any required licenses or certifications to practice in the role.
- Have expertise demonstrated by relevant work experience if lacking a direct degree.
The H-1B Visa Application Process
- Step 1: Employer Files LCA – This includes wage levels, working conditions, and notification to U.S. workers.
- Step 2: Submit Form I-129 – Once the LCA is certified, the employer files a petition (Form I-129) with USCIS.
- Step 3: USCIS Review and Decision – USCIS reviews the case and may request additional evidence.
- Step 4: Visa Application or Change of Status – If the petition is approved, the employee applies for a visa or changes status if already in the U.S.
H-1B Cap and Timing
The H-1B program has an annual cap of 65,000 visas, plus an additional 20,000 for individuals with U.S. master’s degrees or higher. Due to high demand, USCIS uses a lottery system each year, so early and accurate filing is critical.
Why Legal Help Is Essential
The H-1B process is document-intensive and time-sensitive, and mistakes can result in delays or denials. Our immigration attorneys at Taylor & Associates Law, P.C. ensure your application:
- Meets all compliance requirements
- Reflects proper wage and job classification
- Includes complete and accurate documentation
- Is submitted on time with all supporting evidence
We provide legal guidance to both employers and international professionals to maximize the chances of approval.
Start Your H-1B Journey Today
Whether you're an employer looking to bring on global talent or a foreign professional aiming to launch your U.S. career, the H-1B visa offers a valuable opportunity — but only if you get it right.
What Does a Green Card Entitle You To?
Discover how a living trust can help protect your assets and simplify the inheritance process for your heirs. Taylor & Associates Law, P.C. in Brooklyn, NY breaks down the key advantages of choosing a living trust in your estate plan.
If you’re dealing with foreclosure in Brooklyn, NY, Taylor & Associates Law, P.C. is here to protect your rights and help you fight for your home. Learn what options you have when facing foreclosure.
Starting the naturalization process involves understanding eligibility requirements, completing paperwork, attending appointments, and taking the Oath of Allegiance. Taylor & Associates Law, P.C. in New York provides expert legal guidance through each step, with over 28 years of experience assisting clients with immigration matters. Contact us for help with your naturalization journey.
Challenges Facing Conditional Permanent Residents Denied Petition to Remove Conditions
Learn what a Power of Attorney covers, including financial, medical, and legal decisions. Taylor & Associates Law, P.C. in New York explains the different types of POA and how their 28+ years of experience can help in handling your legal matters, including quiet title actions.
A quiet title action is a legal procedure used to resolve disputes over property ownership or title claims. In this blog post, we explore the situations that commonly require a quiet title action, including ownership disputes, boundary disagreements, title defects, and claims from unknown heirs. Understanding when and how to pursue this action can help protect your property rights in New York.
What Documents Are Required for a Residential Real Estate Transaction? Buying or selling a home is a significant milestone, and understanding the required documents can help ensure a smooth transaction. For both buyers and sellers, a residential real estate transaction involves a variety of legal documents that define the terms of the sale, protect each party’s interests, and ensure compliance with local laws. At Taylor & Associates Law, PC, we assist the Brooklyn public with all aspects of real estate transactions, guiding you through each step with confidence. Essential Documents for a Residential Real Estate Transaction Whether you're the buyer or the seller, here are the key documents you’ll likely encounter during a residential real estate transaction: 1. Purchase Agreement The purchase agreement is a legally binding contract between the buyer and seller, outlining the terms of the sale. This document includes essential details such as the purchase price, closing date, and any contingencies (e.g., home inspection, financing, or appraisal). Both parties must carefully review the purchase agreement, as it forms the foundation of the transaction. 2. Property Deed The property deed is the official document that transfers ownership of the property from the seller to the buyer. At closing, the seller signs the deed to transfer legal ownership, and it is then recorded with the local county clerk or recorder’s office to make it part of the public record. There are different types of deeds, such as warranty deeds and quitclaim deeds, each offering varying levels of protection for the buyer. 3. Title Documents Title documents ensure that the seller has legal ownership of the property and the right to transfer it. As part of the transaction, a title search is conducted to check for any liens, encumbrances, or other issues that may affect ownership. Title insurance is also often obtained to protect the buyer (and lender, if applicable) against future claims related to title issues. 4. Loan Documents (for Buyers) Buyers who finance their purchase with a mortgage will need to complete several loan-related documents. These include the mortgage agreement, promissory note, and various disclosures. The promissory note outlines the loan’s terms, while the mortgage agreement grants the lender a security interest in the property until the loan is repaid. Buyers should review all loan documents carefully and consult with their lender if they have questions. 5. Disclosure Statements In many jurisdictions, sellers are required to provide disclosure statements detailing any known issues with the property. These may include information about structural problems, environmental hazards, or recent repairs. The purpose of disclosure statements is to inform the buyer of the property’s condition and help avoid disputes after the sale. Buyers should review these disclosures thoroughly before proceeding with the purchase. 6. Inspection Report While not always required, an inspection report is highly recommended for buyers. This report provides an in-depth evaluation of the property’s condition, identifying any potential issues with the structure, electrical systems, plumbing, and more. If the inspection reveals significant concerns, the buyer may negotiate repairs with the seller or adjust the terms of the purchase agreement. 7. Closing Statement The closing statement, also known as the settlement statement or HUD-1, is a detailed breakdown of the financial aspects of the transaction. It lists all costs, credits, and payments associated with the purchase, including the purchase price, loan fees, taxes, and closing costs. Both the buyer and seller receive a copy of the closing statement, which they should review closely to ensure accuracy. 8. Homeowners Association (HOA) Documents (if applicable) If the property is part of a homeowners association, the buyer may be required to review the HOA’s governing documents, including bylaws, covenants, conditions, and restrictions (CC&Rs). These documents outline the rules and regulations that apply to properties within the association, as well as any fees or assessments. 9. Property Tax Receipts and Utility Bills Sellers may be asked to provide recent property tax receipts and utility bills as part of the transaction. This helps the buyer understand the ongoing costs associated with the property and ensures that any outstanding balances are settled before the sale. The Importance of Legal Assistance in Real Estate Transactions Completing a residential real estate transaction involves careful attention to detail and thorough review of each document. Even small mistakes or omissions can lead to significant issues later on. Working with an experienced real estate attorney can help protect your interests, avoid potential disputes, and streamline the process. How Taylor & Associates Law, PC Can Help At Taylor & Associates Law, PC, we understand the complexities of real estate transactions and are dedicated to providing exceptional service to the Brooklyn community. Whether you are buying or selling a home, our team can assist you with document preparation, review, and negotiation, ensuring a smooth transaction from start to finish. For trusted guidance on all your real estate needs, contact Taylor & Associates Law, PC today to learn how we can support you through every step of the process.
What Is the Difference Between a Will and a Trust? Estate planning is an essential step for anyone looking to protect their assets and provide for their loved ones after they’re gone. Two of the most common tools for estate planning are wills and trusts, each serving a unique purpose in the process. Understanding the difference between these two documents is key to making informed decisions about your estate. At Taylor & Associates Law, PC, we assist the Brooklyn community with all aspects of estate planning, helping you choose the best options for your specific needs. What is a Will? A will is a legal document that outlines your wishes for the distribution of your assets upon your death. It allows you to designate beneficiaries for your property, name a guardian for minor children, and specify other final wishes. Key Characteristics of a Will: Goes into effect after death: A will only takes effect after the person’s passing. During your lifetime, you can amend or revoke it as circumstances change. Probate Process: Wills must go through probate—a court-supervised process that ensures the will is valid, settles debts and taxes, and distributes assets as specified. This process can sometimes be time-consuming and costly, depending on the complexity of the estate. Public Record: Because wills go through probate, they become public record, meaning that anyone can view the details of your estate plan. Wills are a straightforward way to communicate your wishes and ensure that your loved ones are provided for after you pass. However, the probate process and public nature of wills may not be ideal for everyone. What is a Trust? A trust, on the other hand, is a legal entity created to hold and manage assets on behalf of your beneficiaries. There are various types of trusts, but one of the most commonly used is a revocable living trust, which allows you to manage your assets during your lifetime and make changes as needed. Key Characteristics of a Trust: Takes effect during your lifetime: Unlike a will, a trust can be set up and funded while you are alive. A revocable living trust, for example, allows you to retain control over your assets and make adjustments as necessary. Avoids Probate: Trusts generally do not have to go through probate, which can save time and costs, and keeps your estate matters private. The trustee you appoint can distribute assets directly to your beneficiaries according to your wishes. Can be kept private: Since trusts are not required to go through probate, the details of your assets and beneficiaries remain private, providing additional confidentiality for your estate. Trusts offer flexibility and control, especially for those who want to avoid probate, maintain privacy, or establish specific conditions for the distribution of their assets. Choosing Between a Will and a Trust Both wills and trusts have unique benefits, and the best choice depends on your specific circumstances and goals. For example: Wills are typically sufficient for people with simple estates and straightforward wishes. They’re also ideal for appointing a guardian for minor children. Trusts are beneficial for individuals with larger or more complex estates, or for those who want to avoid probate and ensure privacy. Trusts can also be useful if you wish to set conditions on inheritance, such as staggered distributions to beneficiaries over time. Many people choose to incorporate both a will and a trust into their estate plan, using each document to fulfill different goals. Let Taylor & Associates Law, PC Help with Your Estate Planning Needs Estate planning is a deeply personal process, and our team at Taylor & Associates Law, PC is here to help you navigate it with confidence. Whether you are considering a will, a trust, or a combination of both, we provide the knowledge and experience needed to develop a comprehensive plan tailored to your unique needs and goals. Serving the Brooklyn community, we are dedicated to helping you protect your assets and secure your family’s future. Contact Taylor & Associates Law, PC today to learn more about our estate planning services and how we can assist you in crafting a plan that offers peace of mind.
For school districts seeking to hire foreign teachers or other specialized personnel, the H-1B visa program provides a valuable option. However, the H-1B visa program is subject to an annual cap, which has made it difficult for some school districts to obtain the visas they need. Fortunately, an exemption from the cap is available for certain school districts. Understanding the H-1B Visa Program For School Districts The H-1B visa program allows US companies to hire foreign workers in specialty occupations, such as teachers or other specialized personnel. To be eligible for an H-1B visa, the foreign worker must have a bachelor’s degree or higher or equivalent work experience. Additionally, the position must be considered a specialty occupation requiring the foreign worker’s specialized knowledge. The H-1B visa program is subject to an annual cap of 65,000 visas, with an additional 20,000 visas available for those with a master’s degree or higher from a US institution. In recent years, the demand for H-1B visas has exceeded the cap, making it difficult for some school districts to obtain the visas they need to hire foreign teachers and other specialized personnel. Exemption From the H-1B Visa Cap for School Districts Certain school districts affiliated with a nonprofit entity can be exempted from the H-1B visa cap, which applies to initial petitions and extensions. To qualify, the school district must prove its nonprofit status and primary purpose to provide educational services directly to students. How School Districts Can Take Advantage of the H-1B Visa Exemption School districts affiliated with nonprofit entities can benefit from the H-1B visa exemption, allowing them to hire foreign teachers and specialized personnel without the annual cap. These districts can seek assistance from an experienced immigration attorney to navigate the program’s complexities, meet eligibility requirements, and file necessary paperwork. An attorney can ensure that the school district takes full advantage of the exemption and secures the visas it needs to provide high-quality education to its students. With the help of an attorney, school districts can successfully obtain H-1B visas and hire the qualified personnel they need to provide excellent education services. If your school district requires foreign teachers or other specialized personnel, contact our immigration attorneys at Taylor and Associates Law P.C. in Brooklyn today to learn more about how we can help.