H-1B Visa Lawyer in Atlanta, GA
Get Trusted Legal Guidance for Your H-1B Sponsorships
At Quijano Law, we guide employers through the complexities of sponsoring talent using the H-1B visa program.
Our Atlanta-based immigration attorneys provide businesses with comprehensive support, simplifying the sponsorship process and ensuring compliance every step of the way.
Schedule a consultation today and discover how Quijano Law can help your company successfully secure the skilled professionals you need.
What Is an H-1B Visa?
The H-1B visa is a non-immigrant visa designed to help U.S. employers hire skilled foreign workers for specialty occupations requiring theoretical or technical expertise. It’s one of the most popular work visa options for professionals in IT, engineering, finance, healthcare, and academia.
H-1B Visa Eligibility:
- A job offer from a U.S. employer in a qualifying specialty occupation.
- The offered position must require at least a bachelor’s degree (or higher) in a related field.
- The employer must obtain an approved Labor Condition Application (LCA) from the U.S. Department of Labor (DOL).
How We Help at Quijano Law
Quijano Law provides start-to-finish legal support for employers navigating the H-1B visa process. Our Atlanta-based immigration attorneys make the process clear, efficient, and focused on success, ensuring compliance and efficiency.
For Employers:
- Strategic planning and guidance for H-1B sponsorship
- H-1B lottery registration.
- Preparation and filing of Labor Condition Applications (LCA)
- Comprehensive preparation and submission of H-1B petitions
- Handling USCIS Requests for Evidence (RFEs)
For Individuals:
- H-1B application preparation and filing
- Extensions and renewals of H-1B status
- Transferring H-1B to a new employer
- Change of status assistance
- Strategic planning for H-1B to Green Card transition
Why Choose Quijano Law for Your H-1B Visa Process?
- Local Experience: We serve businesses throughout Atlanta and the Southeastern United States.
- Proven Track Record: We have over 12 years of immigration law experience.
- Personalized Service: Every case receives one-on-one attention from an experienced immigration attorney.
- Multilingual Support: Bilingual legal services available in English and Spanish, facilitating clear communication with international employees.
What to Expect in the H-1B Process
- Initial Consultation: We assess your company’s goals, candidate eligibility, and outline a strategic approach.
- Lottery Registration: We complete the electronic H-1B lottery registration, maximizing your candidate's chances for selection.
- Labor Condition Application (LCA) and Compliance: We prepare and file the LCA with the Department of Labor, ensuring accuracy. We also assist you with required compliance steps, including creating and maintaining a Public Access File (PAF).
- Petition Preparation and Submission: We meticulously prepare the full H-1B petition, handling every detail of submission to USCIS.
- USCIS Review and RFE Support: We promptly respond to USCIS Requests for Evidence (RFEs) and actively monitor your case's progress.
- Approval and Onboarding: Once approved, we guide your business and sponsored employee through subsequent steps, including visa processing or a change-of-status procedure, ensuring seamless onboarding and compliance.
Get the Experienced Legal Support Your Business Needs
Don’t leave your company's immigration strategy to chance. Whether your business is sponsoring your first H-1B employee or managing multiple sponsorships, our experienced immigration team is here to streamline the process and ensure compliance every step of the way.
Schedule a consultation today and let Quijano Law simplify your H-1B sponsorship process.
Call 470-621-3953 or fill out a contact form to schedule a consultation.
FAQs
How long does the H-1B visa process take?
Processing times vary. Standard H-1B petitions typically take 2-8 months. USCIS premium processing guarantees a response within 15 calendar days. For cap-subject petitions, strategy and evidence gathering start well before the March lottery registration. In March, petitioners register each potential beneficiary for the lottery. If selected, the LCA is filed in early April and the petition to USCIS is filed after the LCA is approved (usually 7 days). The cap-subject beneficiary cannot start work until October 1.
Can I switch jobs on an H-1B visa?
Yes, but your new employer must file a new H-1B petition (called an H-1B transfer). You can start working as soon as the new petition is properly filed with USCIS, without waiting for final approval. Our firm helps streamline this process to ensure compliance.
What is the H-1B cap?
Each fiscal year, USCIS limits H-1B visas to 65,000 regular cap visas, plus an additional 20,000 visas for individuals who hold a master’s degree or higher from a U.S. institution of higher education. Certain employers, such as universities and research institutions, are exempt from these caps.
Can an H-1B lead to a Green Card?
Yes. Many employers sponsor their H-1B employees for permanent residency. We provide strategic planning and support for transitioning employees from H-1B status to a Green Card.
Can my spouse work while I’m on H-1B?
Only under certain conditions. Your spouse will enter the U.S. in H-4 status. An H-4 spouse becomes eligible to apply for an Employment Authorization Document (EAD) only after one of the following milestones:
- Your employer’s immigrant petition (I-140) is approved.
Approval of this petition confirms that the company is sponsoring you for a green card. Once the I-140 notice is in hand, your spouse may file for an H-4 EAD and, when issued, work for any U.S. employer. - You have moved beyond the normal six-year H-1B limit.
If your employer started your green-card case at least 365 days before you reached the six-year mark—for example by filing the PERM labor certification or the I-140—and that process is still pending, you qualify for one-year H-1B extensions. As soon as you are on those extensions, your spouse may also apply for an H-4 EAD.
What if I’m laid off?
You have a one-time, 60-day grace period (or the time left on your current I-94, whichever is shorter). During that window you can find a new employer to file an H-1B transfer, shift to another status, or make plans to leave the country. You may stay in the United States during the grace period but cannot work until a new petition has been filed.
Can I work for two U.S. employers at the same time?
Yes. Each employer must file its own H-1B petition and have its own certified LCA, clearly marked as “concurrent employment.” Both jobs must pay at least the prevailing wage for the hours you will work for that employer. Once the second petition is received by USCIS, you may hold both positions simultaneously.
Does time spent outside the United States count against my six-year limit?
No. Any full days you spend abroad can be “recaptured” and added back onto your H-1B clock. Keep a careful record of travel—passport stamps, I-94 printouts, boarding passes—so the next petition can document the days you should get back.
How early can I enter the country, and how long can I stay after my H-1B ends?
U.S. Customs and Border Protection may admit you up to 10 days before the job’s start date and may give you an extra 10-day buffer after the petition end date. Those two periods are meant for getting settled or making departure plans—you cannot work during either buffer. All employment must take place strictly between the start and end dates on your approval notice.
Is premium processing available for any H-1B filing?
Yes. Whether the case is a new cap filing, a transfer, an amendment, or an extension, the employer can request premium processing by filing Form I-907 and paying the premium fee. USCIS then commits to issue an approval, denial, request for evidence, or other action within 15 calendar days—or refund the premium fee.
