At Bartell, Georgalas & Juarez,
our Cleveland immigration attorneys are proud to help local employers and international professionals alike pursue H-1B work visas. Whether you’re a business seeking highly skilled talent or a foreign worker with specialized knowledge, the H-1B visa program offers a powerful route to live and work in the United States.
Our Cleveland-based team assists individuals from Asia, Europe, South America, and beyond. With decades of combined experience, we provide strategic guidance for every step of the H-1B process, from eligibility screening to USCIS filings and consular processing. If you’re looking to build your future in Cleveland with a valid work visa, we’re here to help.
What Is an H-1B Work Visa and Who Qualifies?
The H-1B is a nonimmigrant work visa that permits U.S. employers to temporarily hire foreign workers in what are known as “specialty occupations.” These roles typically require at least a bachelor’s degree or higher in a specific field of study and often exist in industries such as information technology, healthcare, engineering, finance, and higher education. The H-1B visa allows professionals from around the world to contribute their skills to the U.S. economy, including many workers now employed in the Cleveland area.
H-1B Eligibility Requirements
To qualify for an H-1B work visa, several key conditions must be satisfied:
- Job in a Specialty Occupation: The position offered must require theoretical and practical application of a body of highly specialized knowledge. Generally, this means the job must require a bachelor's degree or higher in a particular field as a minimum entry requirement.
- U.S. Employer Sponsor: The foreign national cannot self-petition for an H-1B. A qualified U.S. employer must offer the job and sponsor the H-1B petition by filing the necessary forms with USCIS.
- Educational Credentials: The foreign worker must hold at least a U.S. bachelor’s degree or its foreign equivalent. The degree must be directly related to the occupation for which the H-1B is being requested. If the degree was obtained outside the U.S., a credential evaluation may be required to verify equivalency.
- Labor Condition Application (LCA): Before submitting the H-1B petition, the sponsoring employer must file an LCA with the Department of Labor (DOL). In doing so, the employer attests that they will pay the worker at least the prevailing wage for the position in the geographic area (such as Cleveland) and maintain proper working conditions.
- Cap or Cap-Exempt Filing: Most new H-1B petitions fall under the annual numerical cap. However, certain organizations, such as accredited nonprofit research institutions, universities, or affiliated hospitals, may be eligible to file under the cap-exempt category.
Our Cleveland immigration attorneys help employers and workers evaluate eligibility, gather documentation, and determine whether a cap-subject or cap-exempt petition is most appropriate. With detailed legal support, we ensure your case is positioned for success.
What Is the H-1B Lottery?
Due to the high demand for H-1B work visas and the limited number available each year, USCIS conducts an annual lottery to select eligible petitions. This process is especially competitive, making it critical for Cleveland employers and prospective employees to prepare their filings well in advance.
Annual H-1B Visa Limits
- Regular Cap: Each fiscal year, the U.S. government allocates 65,000 H-1B visas to qualified foreign nationals.
- Advanced Degree Exemption: An additional 20,000 visas are reserved for applicants who have earned a U.S. master’s degree or higher. These individuals are given a second opportunity to be selected after the regular cap lottery.
To participate in the H-1B lottery, U.S. employers must first submit an online registration for each prospective employee during a designated period, typically held in March. Once the registration window closes, USCIS conducts a randomized lottery to determine which applicants may proceed with filing a full petition.
If a registration is selected in the lottery, the employer is then permitted to submit the complete H-1B petition package, including the approved LCA, evidence of the job requirements, and the beneficiary’s qualifications.
Because the selection process is competitive and time-sensitive, early preparation is crucial. Our Cleveland immigration attorneys at Bartell, Georgalas & Juarez assist with every stage, from initial registration to full petition submission, to maximize your chances of success and ensure full compliance with all legal requirements.
H-1B Work Visa Application Process
The application process for an H-1B visa involves several key steps and government agencies:
1. Electronic Registration (Lottery Stage)
- Employers must register with USCIS and submit information about the prospective employee.
- If selected in the lottery, the employer receives a notice of selection and may proceed with the petition.
2. Labor Condition Application (LCA)
- Filed with the Department of Labor (DOL).
- Certifies that the employer will pay fair wages and maintain safe working conditions.
- Requires posting notices at the job site for at least 10 days.
3. Filing Form I-129 with USCIS
- Includes evidence of educational qualifications, the employer-employee relationship, and the job description.
- Filing fee and optional premium processing may apply.
4. USCIS Review and Approval
- If approved, USCIS will issue Form I-797 (Notice of Action).
5. Visa Stamping (if outside the U.S.)
- Foreign nationals must schedule a visa interview at a U.S. consulate.
- After stamping, the worker may enter the U.S. and begin employment.
Our
Cleveland immigration attorneys are here to handle each stage, from LCA certification to petition filing and interview preparation, to ensure the process moves as smoothly and efficiently as possible.
How Long Does It Take to Get an H-1B Visa?
The timeline for an H-1B visa depends on several factors:
- Lottery and Registration Period: Early spring.
- LCA Processing: 7–10 business days.
- USCIS Petition Review: 2–6 months (or 15 calendar days with premium processing).
- Consular Interview and Visa Stamping: 1–2 months (varies by location).
- Start Date: October 1 of the fiscal year, unless cap-exempt.
Working with our Cleveland-based attorneys ensures proper planning and minimizes delays.
What Are the Benefits and Limitations of an H-1B Visa?
The H-1B visa offers numerous advantages for both foreign professionals and U.S. employers, particularly in cities like Cleveland, where there is strong demand for specialized talent in fields such as technology, medicine, engineering, education, and finance. At the same time, applicants and employers should also be aware of certain limitations and regulatory requirements that come with this visa category.
Benefits of an H-1B Visa
- Legal Employment Authorization: H-1B visa holders are legally authorized to live and work in the United States for a sponsoring employer in a specialty occupation. This allows professionals to pursue rewarding careers in their field and contribute to the U.S. economy while building a stable life in cities like Cleveland.
- Family Inclusion: H-1B visa holders may bring their immediate family members, spouses and unmarried children under 21, under the H-4 visa classification. While H-4 visa holders cannot work by default, eligible H-4 spouses may apply for work authorization under certain conditions, especially if the H-1B holder is pursuing permanent residency.
- Dual Intent Flexibility: The H-1B is one of the few nonimmigrant visa types that allows for “dual intent.” This means that foreign workers may lawfully pursue a green card (permanent residency) while maintaining their H-1B status, without jeopardizing their legal presence in the U.S.
- Portability and Job Mobility: If an H-1B worker changes jobs, they are allowed to transfer to a new employer through an H-1B “portability” petition. This flexibility empowers professionals in Cleveland and elsewhere to pursue better career opportunities without leaving the country or resetting their visa clock.
Limitations of an H-1B Visa
- Time Restrictions: The H-1B visa is initially granted for a period of three years, with a maximum total duration of six years. Extensions beyond six years are possible in limited cases, such as when the green card process is underway. After six years, unless otherwise qualified, individuals must leave the U.S. for at least one year before reapplying.
- Employer and Position Specificity: An H-1B visa is tied to the specific employer and job title listed on the petition. The worker cannot legally perform other duties or change employers without submitting a new petition and obtaining approval from USCIS. This restriction emphasizes the need for accurate job descriptions and consistency in job duties.
- Lottery-Based Selection: Due to the statutory annual cap of 65,000 regular H-1B visas and 20,000 additional slots for advanced U.S. degree holders, not all submitted petitions are selected for processing. The random lottery system adds unpredictability and requires timely and strategic preparation by employers and applicants.
- Strict Documentation and Compliance Requirements: USCIS demands thorough evidence supporting the petition, including proof of the job’s specialty nature, the worker’s qualifications, and employer compliance with prevailing wage and labor laws. Failure to submit complete documentation can result in delays, Requests for Evidence (RFEs), or even denial.
At Bartell, Georgalas & Juarez, our Cleveland-based immigration attorneys help clients maximize the benefits of the H-1B work visa while navigating its restrictions. We offer detailed guidance to ensure every element of your petition, from labor certifications to interview prep, is handled with legal precision and personalized care.
Who Can File for an H-1B Work Visa?
The H-1B visa application process begins with the employer, not the foreign national. Only U.S.-based employers can submit an H-1B petition to the United States Citizenship and Immigration Services (USCIS). This requirement applies to businesses, universities, hospitals, research institutions, nonprofit organizations, and even startups, including many located in and around Cleveland.
Key Employer Responsibilities
- Offer a Qualifying Position: The employer must offer a full-time or part-time job in a specialty occupation, one that typically requires a bachelor’s degree or higher in a related field. The job must align with USCIS definitions of a specialty occupation and include detailed job duties, location, and salary information.
- Pay a Fair Wage: Employers must promise to pay the H-1B worker at least the prevailing wage as determined by the Department of Labor (DOL) for the particular occupation and location. In Cleveland, this means wages must meet or exceed local industry standards.
- Comply With LCA Obligations: Before filing the petition, the employer must submit a Labor Condition Application (LCA) to the DOL and make certain legal attestations regarding wage, working conditions, and notice to employees. Employers must also retain documentation proving compliance in case of audit or investigation.
Worker Qualifications
- Educational Background: The H-1B beneficiary must hold at least a bachelor’s degree or its foreign equivalent in a field directly related to the job. In cases where the degree was obtained outside the U.S., credential evaluations are often necessary to confirm equivalency.
- Relevant Experience and Credentials: USCIS expects the foreign worker to have experience, training, or certifications supporting their eligibility. These include academic transcripts, diplomas, prior employment letters, resumes, and licenses if required by state or federal regulations.
- Field of Specialization: The applicant’s background and the job offered must clearly align. For example, a Cleveland hospital seeking to hire a biomedical engineer must demonstrate that the position requires such expertise and that the candidate meets those standards.
At Bartell, Georgalas & Juarez, our Cleveland immigration attorneys provide in-depth assistance to both sponsoring employers and foreign professionals throughout the H-1B process. We ensure every job offer, wage determination, and petition detail meets government expectations, laying the groundwork for success from start to finish.
How Can a Cleveland Immigration Attorney Help With Your Work Visa?
Securing an H-1B work visa requires more than just filling out forms; it demands careful planning, detailed documentation, and legal precision. At Bartell, Georgalas & Juarez, our Cleveland immigration attorneys provide strategic support to both employers and professionals seeking to live and work in the U.S.
- End-to-End Petition Preparation: We help employers and applicants prepare LCAs, file Form I-129, and organize required materials such as credential evaluations, resumes, and job descriptions. Our team ensures your petition is complete, accurate, and tailored to meet USCIS expectations.
- Strategic Legal Guidance: Whether you're filing under the regular cap or qualify for a cap-exempt petition, we advise on key strategies. We also assist with job changes, extensions, and transitions from work visas to employment-based green cards.
- Local and International Support: Based in Cleveland, we serve clients locally and around the world. Our firm has extensive experience representing professionals from Asia, South America, Europe, and beyond. We offer in-person consultations and remote case handling, with insight into regional consular processing and employer needs.
- Post-Filing Representation: We respond to RFEs, prepare applicants for interviews, and assist with H-4 dependent filings. Throughout the process, we remain committed advocates, ensuring your work visa journey stays on track.
Common H-1B Visa Challenges
Despite its benefits, the H-1B work visa process has many pitfalls. Cleveland employers and professionals often encounter:
- Missed Deadlines: USCIS registration and cap timelines are strict.
- LCA Rejections: Errors in wage data, job titles, or posting compliance.
- RFEs: Vague job descriptions, lack of employer control, or missing credentials.
- Visa Denials: Especially at consulates, for inconsistencies or fraud suspicions.
- Change of Employer Delays: Timing issues during job transitions.
At Bartell, Georgalas & Juarez, we anticipate these issues and resolve them before they become problems. Our team’s knowledge of Cleveland’s industries, wage standards, and regulatory expectations sets us apart.
What Happens After H-1B Approval?
Once USCIS approves an H-1B petition, the next steps depend on where the beneficiary is located:
- If the applicant is inside the U.S. – They may begin or continue working immediately under H-1B status.
- If the applicant is outside the U.S. – They must attend a consular appointment and obtain a visa stamp before entering the country.
Once employment begins, there are several key considerations:
- H-1B status is valid for an initial period of up to 3 years, with the option to extend to a maximum of 6 years in most cases.
- Employers must continue to comply with the terms of the Labor Condition Application (LCA) and report any material job changes to USCIS.
- Employees may be eligible to pursue permanent residency through EB-2 or EB-3 employment-based green card categories.
Our Cleveland immigration attorneys work closely with both employers and professionals to ensure continued compliance, assist with extensions, and develop long-term immigration plans beyond the H-1B visa.
Our Cleveland firm handles much more than H-1B filings. We represent individuals, families, and businesses throughout Cleveland and across the country in immigration matters such as:
Whether you're applying for your first H-1B work visa, addressing an RFE, or transitioning to a green card, our experienced Cleveland attorneys are here to support your success.
Contact Bartell, Georgalas & Juarez for Help With Your Work Visa in Cleveland
Navigating the H-1B work visa process can be complex, competitive, and time-sensitive, but with the right legal team on your side, your path to employment in the U.S. becomes clearer and more secure. At Bartell, Georgalas & Juarez, our Cleveland immigration attorneys provide trusted support to both local employers and global professionals. We ensure your application is backed by strong documentation, timely filings, and a personalized legal strategy tailored to your occupation and goals.
Whether you’re an IT specialist, engineer, healthcare provider, researcher, or academic professional, our firm offers comprehensive services from initial petition to green card transition. We also advise Cleveland businesses on compliance, sponsorship responsibilities, and workforce planning.
