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Why H1b Visa Workers are Essential for Growth of the U.S. Economy

Table of Contents

    H1b Visa Employees:  A Source of Skilled Talent for Economic Growth in the US

    Most U.S. employers have learned how important professional H-1B workers are for the economy.  Even as the experts warn of a possible recession, it is not expected to cause a weakening of our labor market, particularly for highly skilled and professional workers.  The tight labor market will likely persist despite major layoffs at industry leaders like Microsoft, because of the great demand for professional employees. According to Bobby Allyn, a business reporter at NPR based in San Francisco, a survey found that 8 out of 10 technology workers  who are laid off find a new tech job within three months of starting their search.

    Most companies agree with the experts’ analysis that there is an insufficient number of workers in the U.S. to meet the needs of the economy.  Stephanie Ferguson, the Director, Global Employment Policy & Special Initiatives, for U.S. Chamber of Commerce reported on January 19, 2023 that “the latest data shows that we have over 10 million job openings in the U.S.—but only 5.7 million unemployed workers.”

    This means that U.S. companies must compete hard to both obtain and retain employees, and it also means that they will have to continue to look beyond our borders for those employees.

    Who are H1b Visas For and Availability

    H-1B visas are designed to allow workers who have a college degree or its equivalent to work in a professional capacity in the U.S. (8 CFR 214.2(h)(1). H-1B visas can be granted for up to 3 years at a time, and they can be renewed for up to 3 additional years, which means an H-1B worker can remain employed in the U.S. for 6 years.  There are also provisions of the AC21 law (American Competitiveness in the 21st Century Act) that permits some H-1b workers to access “7th year” extensions, even for multiple years beyond the initial 6 years. To be eligible for a “7th year extension”, generally requires that the employer file an LCA/PERM petition (the first part of an Employment Permanent Residency Petition) with the Department of Labor before the H-1B worker starts their “6th year” with their H-1b visa.

    As with all highly sought after resources, there is substantial competition for H-1B workers with only a limited supply.  USCIS is only allowed to issue 85,000 H-1B visas to U.S. businesses each year under the “H-1B cap” established by congress.  Government sponsored non-profit research agencies, government organizations and universities may obtain H-1B visas for workers not subject to this “cap.”

    These 85,000 H-1B visas are separated into 2 groups: 20,000 visas for individuals who obtained a Masters or Doctorate level degree from a U.S. college or university; and 65,000 visas for all other qualified H-1B candidates, meaning individuals with a Bachelor degree or its equivalent regardless of whether or not the bachelor degree was earned in the U.S. or abroad.

    In March of 2022 USCIS received 483,927 H-1B registrations for the 85,000 visas available, so only 17.5% of the prospective H-1B applicants were able to receive the visa.

    Despite the odds for being able to obtain a new H-1B visas, it is clear that U.S. companies understand the value that H-1B workers provide to our economy, and are willing to take the necessary steps to access this valuable pool of skilled workers.

    Process for New or Initial H-1B Visas under the “Cap”

    The process for obtaining an Initial H-1B visa for an employee or for a prospective employee has several different steps. First, an H-1B registration petition must be filed with USCIS by a deadline set usually at the end of March each year.  USCIS will then select registrations through a random “lottery” system, which generally requires several selections beginning in April and ending in the summer.

    If your registration is selected, you as the employer, will have to obtain a “prevailing wage” for the position that your company is offering the worker.  The prevailing wage is the median, or most prevalent wage, paid to similarly employed workers in a specific occupation in the area of intended employment, according to the Bureau of Labor Statistics. This can be obtained from the Department of Labor’s Bureau of Labor Statistics division.  Once you have the appropriate “prevailing wage,” you must file a Labor Condition Application (LCA), Form ETA-9035, with the Department of Labor.

    After your ETA-9035 is approved, you have to file the H-1B Visa Petition, Form I-129 & I-129H, with USCIS before the deadline set in the case at the time your registration was selected.  If you fail to file on time, your H-1B registration may be cancelled and given to another registrant.

    USCIS will adjudicate the Visa Petition and once it is approved, your H-1B employee will be able to start working as of October 1 of that same year.

    Our Boston Business Immigration Lawyers can assist companies in preparing H1b visa applications either from registration, once the employer has been selected in the H1b lottery or to process an H1b visa transfer.  We offer free consultations to employers, so call and schedule your appointment today at 617-523-6320 or request your appointment online.

    Alternative Options – H1b Visa Transfers for Employees with existing H-1B Visas

    While new H-1B employees are certainly a coveted asset in today’s labor market, those are not the only ones. Individual employees, who have been granted an H-1B visa, are allowed to transfer their H-1B visa to a new employer under the AC21 law.

    This involves the same application procedures as for a new H-1B visa, except for the lottery registration, as that employee has already an H1b visa slot assigned.  Instead, a company can begin with the prevailing wage, then the LCA, and once the LCA is approved, the H-1B Visa Petition, Form I-129 &  Form I-129 H, can be submitted to USCIS.

    Unlike with the initial H-1B visa, the AC21 law also allows a transferring H-1B employee to begin working for the new petitioning employer, before the Visa Petition has been approved, significantly shortening the time an employer has to wait for the employee to be allowed to work for them.  The AC21 law permits the transferring worker to begin their employment, as soon as the I-129 has been filed and accepted by USCIS, instead of having to wait for its approval. This provides for easier access to the H-1B talent pool and a better use of existing employment resources in the U.S.

    Our Boston Business Immigration Lawyers Can Help

    Our highly experienced Business Immigration Attorneys in Boston can help businesses, employers and entrepreneurs with the entire gamut of business immigration services.  These include H1b visas for professionals, L visas for intra-company transfers, and E visas for investors, treaty traders,  multinational managers and executives or employees that possess special qualifications for the operations of a treaty investor, and employment-based Legal Permanent Residency petitions. In over 25 years of service, we have helped countless of businesses in Massachusetts and the U.S. with the utmost professional care and expediency (read our excellent reviews and testimonials) and we look forward to helping you too.  Call to schedule your initial consultation today at 617-523-6320 or request your appointment online.

     

    Client Reviews and Testimonials

    See all reviews or organize them by website!

    Will be recommending FLC to our friends!

    We had a great experience with FitzGerald Law Company while applying for a permanent resident card. Attorney Desmond was knowledgeable and helpful throughout the confusing immigration process! Our legal assistant, Angie, was wonderful - very friendly, great communication and efficient. Will be recommending FLC to our friends!

    Jayne Procopio

    I will recommend them to my friends and family

    Excellent lawyers they do a great job i will recommend them to my friends and family they are very helpful they are always there to answer all your questions and concerns.

    Gerson Lemus

    They were attentive and helpful

    Zrinka and the team were fantastic, thoroughly the whole of the (very long) process they were attentive and helpful, and made the whole thing as smooth and painless as possible.

    Laurence Wilson

    I will forever be grateful for your service

    I used Fitzgerald Law Company for my complicated case . I personally worked with Attorney Desmond and Mrs. Zrinka. I must say that Desmond is very professional and caring. He knows the system and pays attention to all the details. The entire team is very knowledgeable, respectful and reliable. Thank you Desmond and Mrs. Zrinka for tirelessly working with me to the end. Through your support and dedication, I was granted the privilege of a green card. I will forever be grateful for your service and I pray that the Almighty God will meet you at your point of need. I would highly recommend this firm to anybody that needs Immigration Services.

    Margaret Muguku

    Desmond and his staff and absolutely fantastic and easy to work with.

    I would highly recommend Fitzgerald law company for all immigration needs. Desmond and his staff and absolutely fantastic and easy to work with.

    Joe Ryan

    I wouldn't hesitate to hire them if I needed to.

    My husband and I are going through the US immigration process through consular processing in Canada. We hit an unexpected hitch in our process, and we were panicked and seeking out attorneys who could advise us what was happening with my husband's case. This firm took my emotional call and talked me through where we were in our process, what the likely outcome and timeline was based on their past cases supported, etc. and talked through all the details of our case. We talked for a good 15-20 minutes and they didn't charge me a dime. I felt so re-assured by the end of the conversation that our case will resolve soon. We haven't gotten the visa issued just yet, but we're remaining hopeful and will be contacting this company again as soon as anything goes astray. I really appreciated their care for a potential client, considering how emotional and scary the process can be. I wouldn't hesitate to hire them if I needed to. Thank you again for taking my call, and explaining so much of the process to us. It's clear you take care of your clients, and this review felt like the least I could do as a thank you. We'll be in touch if we end up needing your services!

    Allison

    They are excellent.

    Serious, dedicated work and provide all necessary explanations to the customer, they are excellent.

    Livia Liberato

    Amazing people, excellent service. Extremely professional.

    Amazing people, excellent service. Extremely professional. They helped me a lot and I will refer anyone who needs legal help to this law office!

    Ray T.

    I highly recommend this law firm

    My entire family and I have been working with FitzGerald Law Company for many years. Desmond and his team have never given up on us! I got my green card in 2018 and my parents got theirs this year! We are so happy :) we are just waiting on my sister now, but we know she is in great hands! Thank you so much! You have changed our lives for the better <3. I highly recommend this law firm if you are having any immigration problems. My parents Etleva and Kastriot send their deepest gratitude!

    Evjo Gjura

    This is the best immigration law office in Great Boston area.

    From experience, this is the best immigration law office in Great Boston area. Very satisfied with their work. No matter how difficult your case might be, if the team accepts working with you, you are in very good hands.

    Gleni Kajdo

    I really like that they speak so many languages and can help anyone!

    FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

    Swarsatie R.

    They have been very supportive and professional

    My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

    Yoseph A.

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Natasha A.

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one’s situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Patricia M.

    A very well organized firm, experienced and professional.

    My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

    Mike A.

    They helped me with a personal injury case

    Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

    Garo M.

    Experienced, professional, and caring

    It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

    Ahmed B.

    Very professional and dedicated a lot of time to my case

    Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

    James K.

    He explained things in a way that was easily understandable and things went smoothly

    Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

    Gassim F.

    They made the process very smooth and pleasant

    Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

    Karol S.

    The team is wonderful, efficient and very helpful/ professional

    The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

    Zulia O.

    They make the process as simple as possible

    Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

    Anonymous for Firm

    They put in a lot of time into my case all the while keeping me informed of any and all developments

    A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

    Anonymous for Firm

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Anonymous for Firm

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Anonymous for Firm

    I was very happy working with them and will be happy to work with them again

    The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

    Anonymous for Firm

    I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

    Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

    Anonymous for Firm

    Will be recommending FLC to our friends!

    We had a great experience with FitzGerald Law Company while applying for a permanent resident card. Attorney Desmond was knowledgeable and helpful throughout the confusing immigration process! Our legal assistant, Angie, was wonderful - very friendly, great communication and efficient. Will be recommending FLC to our friends!

    Jayne Procopio

    I will recommend them to my friends and family

    Excellent lawyers they do a great job i will recommend them to my friends and family they are very helpful they are always there to answer all your questions and concerns.

    Gerson Lemus

    They were attentive and helpful

    Zrinka and the team were fantastic, thoroughly the whole of the (very long) process they were attentive and helpful, and made the whole thing as smooth and painless as possible.

    Laurence Wilson

    I will forever be grateful for your service

    I used Fitzgerald Law Company for my complicated case . I personally worked with Attorney Desmond and Mrs. Zrinka. I must say that Desmond is very professional and caring. He knows the system and pays attention to all the details. The entire team is very knowledgeable, respectful and reliable. Thank you Desmond and Mrs. Zrinka for tirelessly working with me to the end. Through your support and dedication, I was granted the privilege of a green card. I will forever be grateful for your service and I pray that the Almighty God will meet you at your point of need. I would highly recommend this firm to anybody that needs Immigration Services.

    Margaret Muguku

    Desmond and his staff and absolutely fantastic and easy to work with.

    I would highly recommend Fitzgerald law company for all immigration needs. Desmond and his staff and absolutely fantastic and easy to work with.

    Joe Ryan

    I wouldn't hesitate to hire them if I needed to.

    My husband and I are going through the US immigration process through consular processing in Canada. We hit an unexpected hitch in our process, and we were panicked and seeking out attorneys who could advise us what was happening with my husband's case. This firm took my emotional call and talked me through where we were in our process, what the likely outcome and timeline was based on their past cases supported, etc. and talked through all the details of our case. We talked for a good 15-20 minutes and they didn't charge me a dime. I felt so re-assured by the end of the conversation that our case will resolve soon. We haven't gotten the visa issued just yet, but we're remaining hopeful and will be contacting this company again as soon as anything goes astray. I really appreciated their care for a potential client, considering how emotional and scary the process can be. I wouldn't hesitate to hire them if I needed to. Thank you again for taking my call, and explaining so much of the process to us. It's clear you take care of your clients, and this review felt like the least I could do as a thank you. We'll be in touch if we end up needing your services!

    Allison

    They are excellent.

    Serious, dedicated work and provide all necessary explanations to the customer, they are excellent.

    Livia Liberato

    Amazing people, excellent service. Extremely professional.

    Amazing people, excellent service. Extremely professional. They helped me a lot and I will refer anyone who needs legal help to this law office!

    Ray T.

    I highly recommend this law firm

    My entire family and I have been working with FitzGerald Law Company for many years. Desmond and his team have never given up on us! I got my green card in 2018 and my parents got theirs this year! We are so happy :) we are just waiting on my sister now, but we know she is in great hands! Thank you so much! You have changed our lives for the better <3. I highly recommend this law firm if you are having any immigration problems. My parents Etleva and Kastriot send their deepest gratitude!

    Evjo Gjura

    This is the best immigration law office in Great Boston area.

    From experience, this is the best immigration law office in Great Boston area. Very satisfied with their work. No matter how difficult your case might be, if the team accepts working with you, you are in very good hands.

    Gleni Kajdo

    I really like that they speak so many languages and can help anyone!

    FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

    Swarsatie R.

    They have been very supportive and professional

    My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

    Yoseph A.

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Natasha A.

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one’s situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Patricia M.

    A very well organized firm, experienced and professional.

    My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

    Mike A.

    They helped me with a personal injury case

    Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

    Garo M.

    Experienced, professional, and caring

    It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

    Ahmed B.

    Very professional and dedicated a lot of time to my case

    Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

    James K.

    He explained things in a way that was easily understandable and things went smoothly

    Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

    Gassim F.

    They made the process very smooth and pleasant

    Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

    Karol S.

    The team is wonderful, efficient and very helpful/ professional

    The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

    Zulia O.

    They make the process as simple as possible

    Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

    Anonymous for Firm

    They put in a lot of time into my case all the while keeping me informed of any and all developments

    A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

    Anonymous for Firm

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Anonymous for Firm

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Anonymous for Firm

    I was very happy working with them and will be happy to work with them again

    The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

    Anonymous for Firm

    I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

    Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

    Anonymous for Firm