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9191 Broadway
Merrillville, IN, 46410
United States

219-769-1313

Burke Costanza & Carberry LLP your smart choice for lawyers in Northwest Indiana. Our full-service law firm has offices in Merrillville and Valparaiso Indiana as well as one in Chicago Illinois. At BCC, our lawyers pride themselves on being able to provide a wide range of legal services to our clients, who benefit from the depth and experience we provide from top to bottom.

The main practice groups at Burke Costanza & Carberry LLP are: Alternative Dispute Resolution, Commercial Services, Civil Litigation, and Business and Personal Services.

Our attorneys represent businesses and government entities in the following areas: Business Planning, Commercial Law, Construction, Labor & Employment, Governmental Entities, Healthcare, Labor, Pension Profit-sharing & Employee Benefits, Real Estate, Taxation, and Worker's Compensation.

Our lawyers also represent individuals in matters such as Estate Planning, Wills and Trusts, Immigration, Family Law, Probate Administration, Real Estate, and Taxation.

Burke Costanza & Carberry LLP is a well-rounded firm with strong roots in Northwest Indiana that is focused primarily on our lawyers providing clients with the highest quality legal service in a broad range of practice areas.

Business & Personal Services Blog

Hiring a Foreign National for a Specialized Position - H-1B Visa

Dana Rifai

Oftentimes, an employer may have difficulty finding an employee to fill a highly specialized position.  The employer may have better luck widening the scope of employment globally.

The H-1B visa allows a United States employer to temporarily fill a permanent position by hiring a foreign national for the job.  The H-1B visa can only be used for a specialty occupation, which is the application of highly specialized knowledge using a bachelor’s degree or higher.  In some circumstances, experience of the foreign national in the field of work may qualify in lieu of a degree.

The U.S. employer acts as the sponsor for the person proceeding with their immigration documents to enter the U.S. and fill the open position.  The employer, as sponsor, must prove an employer/employee relationship with the individual by showing the power to hire, fire, pay and supervise the employee.  By sponsoring the foreign national, the employer pays the legal and application fees for the individual’s H-1B visa.

A cap of 65,000 H-1B work visas are available each year.  Persons who possess a U.S. earned master’s degree or higher qualify for an additional 20,000 visas offered for H-1B status.  Visas for spouses and children joining the potential employee do not count towards the cap.  Submission of an H-1B application is open on April 1st of each year.  The H-1B fiscal year starts on October 1st of the same year, which is the beginning date of employment allowed after a visa application is approved by United States Citizenship and Immigration Services.

 H-1B status is given in up to 3 year increments and can be extended for a maximum of six years.  If the individual shows impressive promise, the employer may assist the individual in applying for permanent residency in the United States.  For more information on our immigration practice, please contact Dana Rifai at rifai@bcclegal.com.