Immigration Attorney Boston MA
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BUSINESS VISAS - H-1B


In order to qualify for an H-1B visa, the foreign national applicant must hold at least a Bachelors Degree and the USA position must require at least a Bachelors Degree. The USA employer must agree to pay the H-1B employee at least the prevailing wage as earned by similarly employed workers in the area of employment and must make other attestations as stipulated by the US Department of Labor. Individuals seeking a US work visa who do not qualify for H-1B status should explore alternative visa options, such as an L-1 or TN visa.

Only 65,000 H-1B numbers are issued each year. Although an additional 20,000 H-1B numbers are made available to foreign professionals who have earned an advanced degree from a USA educational institution of higher learning. In past years, which continues to the present, H- 1B visas has exceeded supply to such an extent, that all available visas have been exhausted in days, weeks or months. This has resulted in the administration of a ‘lottery’ system, whereby USCIS only compels processing on randomly selected applications. Applications that are not selected from the lottery are rejected. Given so few H-1B numbers are made available, the successful H-1B applicant have had to approach the H-1B visa application process with foresight and a calculated strategy.

The H-1B application process is extremely complicated not only from a timing perspective, but also because of the number of forms and exhibits required. In years where the lottery system is in place, it is vital to submit a flawless H-1B package. Mistakes and miscalculations in submission of the H-1B visa application process can mean that a visa applicant must wait for an entire year before he or she is eligible to submit another visa application.

The Law office of Brian T O’Neill can provide the tools you need to make the most informed decisions about applying for the H-1B visa. Find out how the process works, what timing and considerations are involved, what forms and supporting exhibits must be submitted, preparing and obtaining a labor condition determination before the US Department of Labor, before submitting an H-1B packag


Call the Law office of Brian T. O’Neill at 617-722-4000,  contact us online or fill out the form to the right. We will gladly answer your questions or schedule a consultation.
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 What Our Clients Say

"I am counsel for a rapid growth software company that was recently acquired by Google. During periods of high employee growth, my company hired multiple foreign nationals and I needed a firm that was able to process visa & green card applications with very short notice. I retained Brian O'Neill, Jr. in 2001 based on a recommendation from a colleague. I was immediately impressed with how the firm handled my matters and since 2001 I have exclusively used them for immigration matters. Brian has processed countless visa and green card applications with a 100% success rate. I have since referred friends and colleagues to Brian O'Neill, Jr. and Brian O'Neill, Sr. and I have no hesitation in providing a testimonial as they are experts in immigration related matters."
Craig Stelmach, Business Manager at ITA Software, Inc. Cambridge MA

Contact Us

Boston Office
​50 Congress Street, Suite 236
Boston, MA 02109
Phone: 617-722-4000
Fax: 617-523-7837
Email: 
​
btoneill@btolaw.com

North Easton Office
201 Main Street
2nd Floor
North Easton, MA 02356
Phone: 508-297-0876
Fax: 617-523-7837
​Email: 
​boneill@btolawpc.com

Hours
Monday-Friday 
9:00 a.m.-5:00 p.m. 


THE BOSTON IMMIGRATION LAW OFFICES OF BRIAN T. O'NEILL, PC (C) 2019
  • Home
  • ABOUT US
  • Meet our Team
  • Legal Services
    • Non-Immigrant Visas >
      • Filing H-1B Petitions 2021
      • H-1B
      • L-1
      • O-1
      • E-1-2
      • R-1
      • TN
      • J-1&H-3
      • H-2B
      • B-1
      • B-2
      • Student-Visas
      • Family-Visas
    • Immigration Visas >
      • Employment Green Card
      • Family Green Card
      • Green Card Renewals
      • Marriage Based Green Card
    • Citizenship & Naturalization
    • I-9 Compliance / Employer Sanctions
    • Removal Deportation
    • Inspections, Admissions and Exams
    • Motions to Re-Open and Reconsider
    • Appeals to BIA
    • Other Legal Information >
      • Federal Court Immigration Litigation
      • Passport Renewals
      • Special Programs
  • Resources
  • Contact Us
  • Immigration News and Updates