Immigration Attorneys — ExpertStackHub

Q: What is the H-1B visa and how does it work?

The H-1B visa allows US employers to hire foreign workers in specialty occupations (typically requiring a bachelor's degree or higher). It's subject to an annual lottery cap of 85,000 visas. Employers must file a petition with USCIS by April 1 for the following October start date. Cap-exempt employers (nonprofits, universities) can file year-round.

Q: What is the O-1 visa?

The O-1 visa is for individuals with extraordinary ability in their field — typically demonstrated through awards, publications, high salaries, critical roles at distinguished organizations, or media coverage. It's cap-exempt (no lottery), can be filed year-round, and is popular among startup founders, engineers with specialized skills, and artists.

Q: How long does the H-1B process take?

Standard H-1B processing takes 3–6 months after selection in the lottery (April–October). Premium processing (Form I-907, ~$2,805 fee) guarantees a decision within 15 business days. Cap-exempt H-1B petitions can be filed and processed on premium in 2–4 weeks.

Q: Can a startup sponsor an H-1B?

Yes, any US employer with an EIN can sponsor an H-1B. There is no minimum company size or revenue requirement. Startups commonly use H-1B to retain international engineers or co-founders. The employer must pay the prevailing wage for the role and location, per Department of Labor requirements.

Q: What is PERM labor certification?

PERM (Program Electronic Review Management) is the DOL process for obtaining a labor certification as the first step in employment-based green card sponsorship. It requires the employer to conduct a DOL-compliant recruitment process to demonstrate no qualified US workers are available. Takes 6–18 months before the I-140 petition can be filed.

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About This Specialty

What Does a Immigration Do?

Immigration attorneys guide companies and individuals through the US visa and green card process for skilled workers. Corporate immigration counsel helps employers sponsor work visas, maintain compliance, and build immigration programs that attract global talent. Individual attorneys guide founders, engineers, and professionals through complex visa pathways including O-1 extraordinary ability and EB-1 national interest waivers.

When to hire one: