Visas (H-1B Visa)

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Visas (H-1B Visa) Attorney In Brooklyn, New York

H1-B Status-Visa for Specialty Occupations

The H1-B Status Visa is a non-immigrant visa, allowing US companies to hire workers in graduate level specialized fields. A US bachelor’s degree or higher, or equivalent work experience, is required. Currently, US immigration law is limiting the number of H1-B Status Visas each year. In order to be approved, an employee must meet the following criteria:


  • Possess a US bachelor’s degree or higher, or the foreign equivalent
  • Hold a certification or license permitting work in the specialized industry
  • Possess expertise through related job experience
  • Due to the stringent restrictions on Visas for Specialty Occupations, it is very important to use an immigration attorney when applying for an H1-B Status-Visa for Specialty Occupations in Brooklyn, New York.

Call Taylor & Associates Law, P.C. at 929-325-0098 to schedule a consultation with a lawyer today.

H-1B Visa Application

The DOL is the agency tasked with protecting U.S. workers and their wages from foreign workers. With that in mind, the H-1B regulations require U.S. employers that sponsor foreign nationals to work in the U.S. in H-1B status to notify the public, and specifically potentially impacted U.S. workers of their intent to hire foreign workers; how many, in what role, where they will perform the work and the wages that will be paid.


Once the workers have been put on Notice, the petitioning U.S. employer is responsible for preparing and submitting to the DOL the Labor Condition Application (LCA). After the LCA is approved the U.S. employer must prepare and maintain the supporting documentation that forms the basis for the LCA.


The U.S. employer must make this documentation available to the public for inspection on demand, within one working day after the date the LCA is filed with the Department of Labor (DOL). Any member of the public, including co-workers of the foreign national, may request access to the file, and the employer must make the file available to the person requesting within one (1) working day of the request.

What to Know About Visas and Legally Working in the United States

Getting a visa to legally work in the United States is a complex process and requires careful attention to detail. Our team of immigration lawyers can help you understand the various immigration rules and regulations that apply to each visa type. We can also provide immigration law services to help you complete all of the necessary paperwork and submit it to the U.S. Department of Labor.


  • The U.S. employer is not required to make copies for the requestor, “[b]ut any member of the public requesting access to the documents must be allowed to capture the information through such means as transcription, scanning, or taking photographs, for example.“
  • The U.S. employer is required to “retain [the Public Access File (hereinafter PAF)] for a period of one (1) year beyond the last date on which any H-1B nonimmigrant is employed under the labor condition application or if no nonimmigrants were employed under the labor condition application, one year from the date the labor condition application expired or was withdrawn.” (see 20 CFR 655.760(c)).
  • The U.S. employee may maintain a physical paper PAF or an electronic copy.
  • The ability to maintain an electronic copy was confirmed by the Wage & Hour Division after an inquiry by the American Immigration Lawyers Association (AILA).


Public Inspection File

The Public Inspection File is a record of the labor condition applications (LCAs) that employers have submitted to the U.S. Department of Labor. This file is available for public inspection and provides information about the wages, benefits, and working conditions associated with the LCA. The file also provides information about the employer’s compliance with immigration laws and regulations. The public inspection file must include the following elements:

  • The LCA
  • Rate of pay for the H-1B worker
  • Description or summary of the actual wage system; sample wage memorandum
  • Prevailing wage rate and its source
  • Documentation that the notice requirement was satisfied. Notification must include the following:
  • A copy of the actual notice posted in two locations at each place of employment listed on the LCA (the notice may be an exact copy of the LCA, Form ETA – 9035 & 9035E, submitted to the DOL)
  • The dates of posting
  • The locations of posting.
  • Summary of benefits offered to U.S. workers and H-1B workers
  • List of entities included as a “single employer”
  • In the event of corporate change:
  • A sworn or notarized statement by a successor entity accepting all liabilities of a predecessor entity
  • List of H-1B workers transferred to the successor entity
  • Each affected LCA number and effective date
  • A description of the successor entity’s actual wage system
  • Successor entity’s employer identification number
  • The employer should keep the PAF separate from the H-1B personnel files.


In a world where borders are not barriers but gateways to opportunity, immigration lawyers at Taylor & Associates Law P.C. play a crucial role in facilitating smooth and successful visa applications. Our expertise, knowledge, and tailored guidance ensure that applicants navigate the complex procedures with confidence and clarity. By acting as staunch advocates and representatives, we mitigate risks, enhance success rates, and save applicants from unnecessary challenges and complications. Whether it is for individuals seeking to reunite with loved ones, entrepreneurs aiming to start businesses abroad, or companies aiming to attract top talent, our immigration lawyers hold the key to unlocking opportunities and creating a more connected and prosperous world.

Schedule a consultation with Taylor & Associates Law P.C. today to learn more about how our team of experienced immigration lawyers can help you navigate the complex process of obtaining visas for legally working in the United States. We offer services across the United States in New York, Arizona, California, Florida, Georgia, North and South Carolina, and Texas. Contact us today to schedule an appointment.

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Have Questions?

Call Taylor & Associates Law, P.C. at 929-325-0098 today to speak to an attorney.

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