H-1B Work Visas

Experienced H-1B Work Visa Application Attorneys

The H-1B visa is for persons with specialized skills and can range from chefs to hairdressers to those with advanced degrees like lawyers and architects. Usually a college degree is needed unless you have extensive work experience in the field. The company sponsoring you must make enough money to hire you and must be hiring you for your specialty. Your employer can also sponsor you for a green card concurrently when applying for an H-1B visa. The H-1B visa lasts for three years with the same employer and can be renewed once for another three-year period.

H-1B Requirements

For a specialty occupation H-1B petition, the employee must have a bachelor’s degree or the equivalent experience. The degree can be received from an institution in the USA, or in a foreign country. The degree must be from a real/accredited university or college.

The degree must be at least a four-year degree.

If the applicant does not have a degree or spends less than four years for the degree:

The general rule is that three years of experience can be substituted for one year of college. The specialized worker must have a sponsoring employer who must obtain a Labor Condition Application from the U.S. Department of Labor before filing the H-1B petition with the USCIS. The LCA establishes that the employer will pay at least the prevailing wage forthe position.

Benefits Of H-1B Visa

In general, most nonimmigrant visa classifications require that a person maintain a foreign residence abroad and show that he or she is coming to the U.S. temporarily. However, the law allows a person on an H-visa to have “dual intent,” which is arguably the most beneficial aspect of obtaining this visa. Under the dual intent doctrine, a person may come to the U.S. temporarily and lawfully seek permanent residence in the United States at the same time. Therefore, the filing of an application for labor certification (also known as PERM) or an employment based preference petition will not result in the denial of an H-1B petition filed with the USCIS, or an application for an H-1B visa stamp at a U.S. consulate abroad pursuant to H-1B petition approval by the USCIS.

The H-1B visa allows nonimmigrants to be admitted for an initial period of up to three years. This period may be extended, but generally not beyond a total of six years. Dependent immediate family members (spouse and children under 21 years of age) may enter on an H-4 visa along with the principal beneficiary. This visa allows the holder to stay in the U.S., or go to school, but not work here.

Starting The H-1B Visa Process

Use our contact form to schedule an a meeting to discuss your options in the H-1B visa application process.

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