U.S. immigration law allows American employers to employ non-citizens to further their business interests in the United States. An H-1B visa is the most popular visa within the H-visa category.
Essentially, H-1B visas benefit everyone: Foreign nationals can live in the United States by becoming H-1B visa holders and contribute to the U.S. economy by spending their wages in the country, while employers can expand their businesses by bringing foreign talent from abroad.
At Naya Immigration, we proudly help U.S. employers bring qualified professionals from all across the world to make their businesses grow. We assist American employers, foreign nationals, and HR representatives in the preparation of H-1B visa applications and provide ongoing legal support throughout the process.
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Need help getting an H-1B visa to work in the United States lawfully?
Our team at Naya Immigration can help you achieve your immigration and employment goals with an H-1B visa. Contact our law office to learn more.
What Is an H-1B Visa?
The H-1B is a non-immigration, employment-based visa designed to help:
- foreign nationals find employment in the U.S.; and
- U.S. employers hire international talent in specialty occupations.
The U.S. Department of Labor (DOL) defines “specialty occupation” as an occupation that demands the application of highly specialized knowledge and a foreign degree that is equivalent to a bachelor’s degree or higher. Some examples of specialty occupations that require technical and theoretical expertise include medicine, mathematics, IT and computer-related professions, engineering, science, accounting, and others.
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How to Apply for an H-1B Visa
The application period for an H-1B typically opens on April 1st each year. The H-1B application process consists of the following steps:
- The U.S. employer must submit an electronic registration to be entered into the H-1B visa lottery;
- The employer waits for the Notice of Selection that notifies them of being successfully selected;
- The employer completes Form I-129 (Petition for a Nonimmigrant Worker) and submits it to the USCIS along with a DOL-certified Labor Condition Application (LCA) and the Notice of Selection from their earlier registration (this step must be taken within 90 days of being selected);
- The USCIS will issue a Form I-797 Notice of Action, which indicates that the employer’s petition has been approved;
- The employer’s beneficiary (the foreign job candidate) can undergo consular processing at a U.S. embassy or consulate in their home country or adjust their status within the United States; and
- Once the beneficiary’s application is approved, they will become an H-1B visa holder.
Note: Once the beneficiary becomes eligible to travel to the U.S., they will have to wait until October 1st to begin work, according to the U.S. Citizenship and Immigration Services (USCIS). Cap-exempt H-1B visa holders are not subject to October 1st start dates.
H-1B Visa Requirements
Since the H-1B is a work visa and does not guarantee permanent residency, it has strict requirements for the applicant and the specific position they are applying for. The foreign national must demonstrate that they possess certain skills and academic qualifications to hold a “specialty occupation.” According to the USCIS, the requirements for H-1B visa applicants include:
- The U.S. company, which is willing to sponsor the applicant, makes a job offer;
- The job offer is for a specialty occupation, which requires a bachelor’s degree (or its equivalent) or higher;
- The proposed salary and working conditions meet the standards applicable to the geographic area where the applicant will be working; and
- The applicant’s education and/or work experience is relevant to the specialty occupation in the job offer.
Applying for an H-1B visa involves various documents that both the employer and the beneficiary must prepare and submit to prove their eligibility. You might want to get help from an H-1B visa lawyer to discuss your specific case and determine whether you meet the eligibility requirements before embarking on this journey.
H-1B Cap Exempt
Each fiscal year, H-1Bs are limited by an annual cap of 65,000 visas, which is dictated by Section 214(g)(1)(A)(vii) of the Immigration and Nationality Act. However, certain applicants may be exempt from this cap. In particular, a beneficiary is exempt if they have a U.S. master’s degree or higher, as long as they file their application in the first 20,000 available. The H-1B cap exemption also extends to foreign workers employed or petitioned on behalf of institutes of higher education. In addition, related non-profit entities and government research organizations are considered H-1B cap-exempt.
H-1B Visa Immigration Attorney Frequently Asked Questions (FAQs)
Whether you are a U.S. employer or a prospective employee, the H-1B visa application process may be filled with challenges and uncertainties. The FAQ section below will address some of the questions that may arise when applying for an H-1B visa. For further guidance, schedule a personalized consultation with our attorneys at Naya Immigration.
An H-1B visa is a non-immigrant visa that permits U.S.-based businesses to employ foreign nationals in specialty occupations as long as they meet the required qualifications.
The processing time for H-1B visas varies from one application to another. On average, it can take anywhere from three to 12 months to get an H-1B visa approved. However, the USCIS also offers premium processing for H-1B visas. This means that when the employer files an I-129 form, they can pay an extra fee to have it processed more quickly. If it’s not processed in the amount of time guaranteed, the fee will be refunded.
A foreign national may be eligible for an H-1B visa if they have the required education and/or job experience to work in a specialty occupation in the United States.
H-1B visas are initially granted for three years. However, the applicant can extend the duration of the visa for up to six years.
Get Help from an H-1B Visa Attorney at Naya Immigration
At Naya Immigration, we understand the difficulties U.S. employers and foreign nationals encounter when navigating the H-1B visa application process. Our H-1B visa immigration lawyer has successfully helped hundreds of talented people from foreign nations obtain visas and green cards to live and work in the U.S. We also assist U.S.-based companies in bringing the world’s best and brightest talent to help their businesses grow.
Ready to get started? Contact our law firm today to schedule a case review with our team and discuss how we might be able to help you.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
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