A H1-B Visa Lawyer will help allow U.S. employers to temporarily hire foreign workers in specialty occupations. A "specialty occupation" is defined as one that requires theoretical and practical application of highly specialized knowledge in a field such as: biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts. It further requires a minimum educational level of a bachelor's degree or equivalent. Similarly, if a license is required to practice in the worker’s particular field then the worker must also obtain the required state license.
To obtain an H-1B visa, there must be a job offer and an employer who is willing to sponsor a person by filing a petition with the U.S. Citizenship & Immigration Service (“USCIS”). The H-1B work visa requires a sponsoring U.S. employer; the sponsor must file a labor condition application with the Department of Labor. The H-1B employer must then file an I-129 petition with the USCIS. A person may hold H-1B status for a maximum of six years, and it may be issued in increments of up to three years by the USCIS. An employee may receive extensions of H-1B status beyond six years in certain circumstances, if s/he is in the process of applying for a green card.
Because immigration law is complex, there’s a greater chance you’ll overlook something, as opposed to an H1-B Visa lawyer who handles these matters for a living. Don’t risk it.
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An H1-B visa lawyer will be able to confirm you’re applying for the most viable visa. Also, legal advice can provide you with the necessary steps to prolong your stay.
How many H-1B visas are granted each year?
The number of H-1B visas granted each year is capped at 65,000. However, there are some applicants that are exempt from the cap. Beneficiaries with a U.S. master's degree or higher are exempt from the cap if it is filed among the first 20,000 petitions available. Also exempt are H-1B applicants employed or petitioned on behalf of an “institute of higher education.”
What happens when the annual H-1B quota is reached?
USCIS announces a cutoff date when they reach their quota. Petitions filed before the cutoff date, but after the quota has been used, will be held for processing until the following October.
Can the family of a H-1B visa holder come to the United States?
The spouse and unmarried children of the H-1B visa holder have the option of admission through the H-4 visa. However, members on the H-4 visa are not authorized to work in the U.S.
What is an H-1B Transfer?
An individual issued an H-1B visa may transfer to a new H-1B job provided that the new employer has filed a nonfrivolous petition on behalf of the person.
As an employer, what responsibilities do I have as a H-1B visa host?
Employers are required to pay the H-1B holder the “prevailing wage.” Employers are also required to inform the USCIS when there are any material changes in employment. Employers who terminate their H-1B employees before the end of the approved period of employment are required to pay the transportation cost of returning the aliens to their last place of foreign residence.
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