H-1B Visa Lawyer in Austin, TX

What Is an 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." These roles generally require a bachelor's degree or its equivalent in a specific field. It is the most common visa for professionals in sectors like tech, engineering, finance, and healthcare.

While the H-1B process is highly competitive, it offers powerful advantages:

• Direct Path to High-Skilled Careers: It is designed specifically for professional roles, allowing you to build your career in the U.S. job market.
• Dual Intent is Permitted: You can legally pursue permanent residency (a green card) while maintaining your H-1B status, providing a clear path to a long-term future in the U.S.
• H-1B Portability: You are not tied to a single employer. The visa allows you to change jobs and transfer your H-1B status to a new sponsoring company.
• Keep Your Family Together: Your spouse and unmarried children under 21 can accompany you to the United States on a derivative H-4 visa.

However, the H-1B process is technically demanding and time-sensitive. With only 85,000 visas available annually (65,000 regular cap plus 20,000 for advanced degree holders), and hundreds of thousands of applications, success requires skilled preparation.

At Nanthaveth & Associates, our Austin H-1B visa attorneys understand both the intricacies of immigration law and the city’s professional landscape, from local tech startups to global corporations.

Who Qualifies for an H-1B Visa?

To be eligible for an H-1B visa, both the sponsoring employer’s position and the professional employee must meet strict criteria.

For the Position

The role must qualify as a "specialty occupation," meaning it requires the theoretical and practical application of a body of highly specialized knowledge. The most common way to prove this is by demonstrating that the position requires a bachelor's degree or higher in a specific field. This includes roles in:

• IT and Software Development
• Engineering and Architecture
• Healthcare and Medicine
• Finance and Accounting
• University Research and Teaching

For the Professional

The foreign worker must meet at least one of the following requirements:

• Hold a U.S. bachelor's degree (or higher) required for the specialty occupation.
• Hold a foreign degree that is the equivalent of a U.S. bachelor's degree or higher.
• Possess an unrestricted state license, registration, or certification to fully practice the specialty occupation.
• Have work experience and/or training that is equivalent to a bachelor's degree.

How Nanthaveth & Associates Manages Your H-1B Application

Navigating H-1B requirements demands a precise, proactive strategy. Our proven process is designed for clarity and efficiency, giving your case the strongest possible chance of success.

Here’s how we guide you every step of the way:

Step 1: Free Initial Consultation & Eligibility Assessment

We begin by evaluating the position and the candidate’s credentials against strict USCIS standards. We provide an honest assessment of your case and outline a clear strategy for success.

Step 2: Labor Condition Application (LCA) Filing

For the employer, the process starts here. We prepare and file the Form ETA-9035 (LCA) with the U.S. Department of Labor, ensuring full compliance with prevailing wage and worksite requirements.

Step 3: H-1B Cap Registration (The Lottery)

For cap-subject employers, we meticulously prepare and submit the electronic registration during the official March window to enter your candidate into the H-1B lottery.

Step 4: Crafting and Filing Your I-129 Petition

Once the LCA is certified and (if applicable) your registration is selected, we compile a robust I-129, Petition for a Nonimmigrant Worker. We build a powerful narrative supported by comprehensive evidence to prove eligibility.

Step 5: Responding to Requests for Evidence (RFE)

If USCIS issues an RFE, our deep experience is your greatest asset. We craft precise, thorough responses that directly address the government's questions and strengthen your case.

Step 6: Consular Processing or Change of Status

Once the petition is approved, we guide the employee through the final steps, whether it's applying for the H-1B visa at a U.S. consulate abroad or changing their status from within the United States.

Step 7: Full Lifecycle Support for You and Your Family

Our relationship doesn’t end at approval. We remain your trusted partner for managing future extensions, transfers, and long-term green card planning. We also handle all H-4 visa matters to ensure your spouse and children can join and remain with you in the U.S.

Why Choose Nanthaveth & Associates as Your Austin H-1B Visa Lawyer