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New York H-1B Visa and Green Card Attorneys

Helping Employers and Employees in New York City and Worldwide

The Law Offices of Norka M. Schell, L.L.C. welcomes contact from employers and employees to discuss their visa immigration options that best suit your unique situation. Our H-1B lawyers can recommend our business clients the fastest way to bring professional foreign workers to the United States. Our H-1B lawyers also can devise a plan that would allow professional foreign workers to advance their career in the United States while keeping the options open for eventual transition to permanent residency.

Call (212) 258-0713 or contact us online to schedule a consultation with our team today.

What You Should Know​ About an H-1B Visa:

  • Educational Requirements & Duration of Stay: The H-1B visa is a non-immigrant visa that allows a qualified professional foreign worker with a minimum of a bachelor’s degree to temporarily be granted a visa. Initially the visa is granted for up to three years, with the possibility of extension for another three years. In certain situations, extensions beyond the six-year limit may be possible. 
  • Employer Sponsorship: The U.S. employer must file a petition on behalf of the foreign worker. This includes submitting Labor Condition Application (LCA) to the Department of Labor.
  • Specialty Occupation: The job position must qualify as a specialty occupation, meaning it requires theoretical and practical application of specialized knowledge.
  • Wage Requirements: The employer must agree to pay the H-1B worker the prevailing wage for the occupation in the geographical area where the work will be performed.
  • Family of Visa Holder: One of the benefits of entering the United States with an H-1B Visa, is that spouses and unmarried under the 21 years old children of the professional  foreign worker may also come to the United States;

What Is an H-1B Visa?

The H-1B visa is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty (or its equivalent) as a minimum requirement for entry into the occupation.

Examples of specialty occupations include, but are not limited to, the following:

  • Architecture
  • Engineering
  • Mathematics
  • Physical Sciences
  • Biotechnology
  • Medicine and Health
  • Education
  • Law
  • Accounting
  • Business Specialties
  • Arts
  • Entertainment
  • Media
  • Religion
  • Research and Development
  • Defense
  • Manufacturing
  • Writing

H-1B Visa Quota Consideration and Deadlines

There is an annual numerical limit, or “cap,” on the number of H-1B visas that can be issued each fiscal year. Currently, the general cap is 65,000, and the U.S. Citizenship and Immigration Services (USCIS) can also issue an additional 20,000 H-1B visas to foreign workers who have earned a master’s degree or higher from a U.S. institution of higher education.

Because the demand for H-1B visas often exceeds the annual cap, the USCIS uses a lottery system to randomly select the number of petitions required to meet the cap. The lottery is conducted in two stages: first, the USCIS randomly selects the number of petitions needed to meet the regular cap; then, any remaining eligible petitions are placed in a second lottery to meet the master’s cap.

There are certain H-1B petitions that are not subject to the annual cap, including those filed by institutions of higher education, nonprofit organizations affiliated with institutions of higher education, nonprofit research organizations, and government research organizations. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization are not subject to the annual cap.


Why Choose Law Offices Of Norka M. Schell?

  • Family-Centric Approach
    Embracing a family-oriented ethos in our practice, where clients are treated with the care and respect they deserve, fostering lasting relationships built on trust.
  • Extensive Clientele Support
    Having assisted thousands of clients, we understand unique needs and offer tailored solutions for each individual or business.
  • Multilingual Expertise
    Fluency in Spanish and Portuguese to ensure seamless communication and understanding for our diverse clientele.
  • Three Decades of Excellence
    Over 30 years of dedicated legal practice, offering seasoned experience and deep-rooted knowledge.

Can an H-1B Visa Holder Apply for a Green Card?

Yes, an H-1B visa holder can apply for a Green Card. The H-1B visa is a dual intent visa, which means that the H-1B worker can have the intent to immigrate to the U.S. permanently and still maintain their H-1B status. This is in contrast to other nonimmigrant visas, which require the visa holder to maintain a nonimmigrant intent and have the intent to return to their home country when their visa expires.

There are several ways that an H-1B visa holder can apply for a Green Card, including through the labor certification process, through a National Interest Waiver (NIW), or through an EB-1 visa. The EB-1 visa is an immigrant visa that is reserved for foreign nationals who have extraordinary ability in the sciences, arts, education, business, or athletics, outstanding professors or researchers, or multinational executives or managers.

The labor certification process is the most common way for an H-1B visa holder to apply for a Green Card. The process involves several steps, including obtaining a prevailing wage determination from the DOL, recruiting U.S. workers for the position, and filing an I-140 immigrant petition with the USCIS. Once the I-140 immigrant petition is approved, the H-1B visa holder can then apply for a Green Card through the final step of the process, which is either filing an I-485 adjustment of status application or going through consular processing.

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Schedule a Consultation with Our Team Today

Whether you are an employer who wants to hire a foreign worker or an H-1B visa holder who wants to apply for a Green Card, our team is here to help. We have extensive experience handling H-1B visa and Green Card cases and can help you navigate the complexities of the application process.

Call (212) 258-0713 or contact us online to schedule a consultation with our experienced H-1B visa and Green Card lawyers in New York City.


Our Satisfied Clients

  • "Expert Legal Guidance And Support"

    ?Thank you so much for helping the Military Assistance Program! Our service members and their families rest easier knowing they have your expert legal guidance and support. We appreciate all that you do!

    - Eric L.
  • "Remarkably Quick"
    The process has been remarkably quick, and I appreciate the efficiency and professionalism demonstrated throughout. The communication has been excellent, with clear guidance every step of the way.
    - Togar M.
  • "Renewed Sense Of Confidence"
    During my consultation Norka demonstrated care and as a client that was very important to me.Well let’s say I leave her office with a renewed sense of confidence and Trust, she explained how we will work together as a team and I sincerely appreciate
    - Simeon
  • "Your Actions Provided Me A New Life"
    Thank you for your excellent professional. Your actions provided me a new life when you got me at the jail and helped me get my green card.
    - Wilfredo T.
  • "Confident, Forthright and Honest"

    She believes in her ability to do what she does best and this gives us peace of mind knowing that we have someone like her seeking every way to get us the results that both parties are expecting. We would highly recommend her to anyone who is in need of

    - Ramesh
  • "Efficient And Effective"
    She is efficient and effective in everything she does with immigration because she knows how delicate is with the USCIS. She got me out of the immigration facility and gave me another life in my adopted country the United States. That is hard work for me.
    - Lewis B.
  • "O meu green card chegou!"

    O meu green card chegou na última quinta feira,  agradeço você, Dra. Schell por tudo que fez e  graças  DEUS  deu tudo certo.

    - Orbrigado
  • "Committed & Punctual"

    Norka is a great lawyer, and she’s doing an excellent job for me and my family. I commend her work. can trust she is very committed and punctual in everything she does. and does his job with much love and dedication!

    - Anonymous
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