Because the H-1B visa is subject to a numerical limitation based upon a congressionally mandated quota that commences with the government’s fiscal year on October 1, the Firm, in its discretion, may require that an individual maintain TN status until the H-1B visa is approved by the U.S. Citizenship and Immigration Service. The Firm works with counsel to secure the H-1B visa as appropriate in advance of the October 1 start date, but due to government constraints it may not be possible to obtain H-1B visa status on behalf of each lawyer at the desired time. For those who obtain H-1B visa status, the Firm likewise expects vigilance with regard to the visa stamp for travel and the status for continued, uninterrupted employment in the United States.
For lawyers new to the Firm, the Firm will help them secure H-1B visas as well, but new lawyers need to be aware that these efforts may not succeed due to government constraints and new lawyers remain responsible for maintaining their own authority to work in the United States. If a new lawyer is unable to obtain a visa that will permit him or her to work in the United States, the Firm may consider requests to work in a non-U.S. office, but whether office transfers will be permitted will depend on the needs of the Firm, including the relevant office and practice, and other factors, and the Firm can make no commitments in this regard. Lawyers holding non-U.S. passports who propose to join the Firm in the United States should alert Suzanne DiDonato of their visa status as soon as possible, promptly following acceptance of their offers.
If the Firm has obtained an approval of a change of visa status to the H-1B classification from another classification, then the individual can work in the United States in H status as of the date on the approval notice (Form I-797) and the period of admission will be reflected on the I-94 Arrival/Departure record at the bottom of the approval notice. This means that to work legally without interruption one need not depart the United States to obtain the H visa stamp in the passport and may work in H status.
With regard to international travel, however, those holding non-U.S. passports who live in the United States (except Canadians who are visa-exempt) must have a valid H visa stamp in their passports in order to re-enter the United States after traveling abroad. Because the Firm requires that lawyers be available to travel outside the United States on business, it is incumbent upon each person in H-1B visa status to make arrangements to have the H visa stamped in his or her passport as soon as feasible, following the above guidelines for the Firm’s financial support. We encourage individuals to contact our immigration counsel before making a visa stamp appointment at a U.S. consulate abroad.
Once a lawyer obtains a visa stamp from a U.S. consulate abroad and admission in a nonimmigrant category is granted, the lawyer must send a copy of the I-94 Arrival/Departure record to Suzanne DiDonato because that record controls the period of authorized stay in the United States.