H-1B Visa

H-1B VISA

One of the most common and highly sought after U.S. work visas is the H1B visa. Every year on April 1 the U.S. government makes available 85,000 new H1B visas. Of the 85,000 spots made available every year, 20,000 are allocated to the “advanced degree cap exemption” (i.e. those with a U.S. master’s degree or higher) and 65,000 are allocated to the “cap subject category” (i.e. those with a bachelor’s degree). The H-1B Visa is a non-immigrant work visa that allows foreign professionals to work in the U.S. on a temporary basis in their professional occupation for an employer. Some examples of professions who use this visa are IT professionals, architects, engineers, individuals who work in finance or business, marketing and public relations professionals, accountants, researchers, professors, doctors, attorneys, teachers, counselors, fashion designers, graphic designers, etc. In order to qualify, you must have an offer of employment from a U.S. employer for work to be performed in the U.S. Furthermore, you should be aware of the following 5 items when considering this visa:

Specialty Occupation

The position you are attempting to fill must meet the requirement of a specialty occupation. The INA defines a specialty occupation as one requiring “a theoretical and practical application of a body of highly specialized knowledge,” and that the “attainment of a bachelor’s degree or higher” is usually a prerequisite to entry into the profession. One can show that a given occupation is a specialty occupation by meeting one of the following:

  1.  A bachelor”s degree or higher or its equivalent is normally the minimum requirement for entry into the particular position;
  2. The degree requirement of a bachelor degree or higher is common to the industry in parallel positions;
  3. The employer normally requires a bachelors or higher degree for the position; OR
  4. The nature of the specific duties of the particular position are so specialized and complex that it can either only be performed by an individual with a bachelors or higher degree or that knowledge required to perform the duties of the position are usually associated with a bachelor’s degree or higher.

Bachelor’s Degree

You as the potential employee must have a bachelor’s degree or its equivalent in the specialty occupation field or a related field. If you do not have a degree that is equivalent to a bachelor’s degree, you may be able to use work experience in the specialty occupation field to substitute education at a rate of 3 years of work experience for 1 year of education. Therefore, 12 years of work experience in a specialty occupation field may qualify one as having the equivalent of a bachelor’s degree.

Max Quota Cap

Unless you are applying for a position at institution of higher education or a non-profit research organization or you have already been subject to the cap, you will be subject to the H-1B cap of either 65,000 if you only have a bachelor’s degree or 85,000 if you have a U.S. master’s degree. In years past the number of applicants far exceeded the number of H-1B spots available and a “lottery” had to be conducted in early April. However, as we’ve seen this year, there are still H-1Bs available as the cap has not been reached.

USCIS Filing Fees

The filing fees are comprised of the following:

  1. I-129 – $460;
  2. Fraud Fee – $500; and
  3. ACWIA Fee – $750 or $1,500 depending on the size of the employer. There is also a $1,225 premium processing fee if you’d like a response within 15 calendar days. There are certain restrictions on who is allowed to pay certain fees and also who is subject to certain fees.

Duration

The visa is typically issued for the maximum period of three years initially and is generally renewable for an additional three years bringing the total to six years. Under limited circumstances in connection with a green card application, you can extend the H-1B beyond six years.

How We Can Help Obtain Your H-1B Visa

We understand how important H-1B Visas are to our clients, and that a successful outcome has a profound impact not just on an individual, but on an employer as well. H-1B Visa applications, whether they are new H-1B visas or an H-1B transfer or H-1B extension, do require careful attention and strong communication — but with both in place, the process is often more simple, and more stress free than many of our clients expect.

With our experience, the process is step-by-step. We listen. We address your concerns. We help you gather the required information and documentation. And then we carefully prepare all letters and forms needed to obtain your H-1B approval. We’ll communicate with you (the employee & the employer) throughout the process, and with both the Department of Labor (DOL) and the United States Citizenship and Immigration Service (USCIS) while the application is being processed.

Our H-1B visa attornies experience benefits you in several key areas. We:

  • Clarify options and potential scenarios surrounding your case.
  • Assist you in collecting the proper information and documentation.
  • Correctly classify the application and ensure requirements are met.
  • Prepare and submit all USCIS and Department of Labor (DOL) forms and documentation.
  • Communicate with the DOL and USCIS throughout the process.
  • Monitor the entire H-1B visa immigration application process.

H-1B Visa Attorney Experience & Responsiveness that Makes a Difference. Our H-1B Attorney Pledge:

  • 100% commitment to processing your H-1B Visa quickly & successfully.
  • Strong H-1B Visa attorney experience & knowledge.
  • Open H-1B Attorney communication & responsiveness is among our top priority.
  • Highest level of H-1B Visa Attorney service at an affordable FLAT rate.
  • Some H-1B Visa applications can be submitted in as little as 1-2 weeks.
  • To discuss your case call: (415)-693-9131 or Mail Us.
``Something very important you may want to know``

Frequently Asked Questions

  1. 1
    If I get H-1B visa, what kind of visa y dependents will get?

    Dependents (spouses and unmarried children under 21 years of age) of H-1B workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification.

  2. 2
    Can I include more than one worker in a petition?

    Each petition may only include one worker.

  3. 3
    What all Documents are required for H-1B Classification Petition?

    The petition (Form I-129) should be filed by the U.S. employer with:

    1. A certified labor condition application from the Department of Labor;
    2. Copies of evidence that the proposed employment qualifies as a specialty occupation;
    3. Evidence the alien has the required degree by submitting either:
    4. A copy of the person’s U.S. baccalaureate or higher degree which is required by the specialty occupation;
    5. A copy of a foreign degree determined to be equivalent to the U.S. degree; or Copies of evidence of education and experience which is equivalent to the required U.S. degree;
    6. A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
    7. A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.

  4. 4
    What Visa type is for Research and Development Project?

    The H-1B2 category applies to an alien coming temporarily to perform services of an exceptional nature relating to a cooperative research and development project administered by the Department of Defense.

  5. 5
    What all Documents are required for H-1B2 Classification Petition?

    The petition (Form I-129) must be filed by the U.S. employer and must be filed with: A description of the proposed employment and evidence the services and project meet the above conditions; and A statement listing the names of all aliens who are not permanent residents who have been employed on the project within the past year, along with their dates of employment. Note: this category does not require an LCA.

  6. 6
    What Visa type is for Fashion Model?

    The H-1B3 category applies to a fashion model who is nationally or internationally recognized for achievements, to be employed in a position requiring someone of distinguished merit and ability.

  7. 7
    What all Documents are required for H-1B3 Classification Petition?

    The petition (Form I-129) should be filed by the U.S. employer with:

    1. A certified labor condition application from the Department of Labor;
    2. Copies of evidence establishing that the alien is nationally or internationally recognized in the field of fashion modeling. The evidence must include at least two of the following types of documentation which show that the person:
      • Has achieved national or international recognition in his or her field as evidenced by major newspaper, trade journals, magazines or other published material;
      • Has performed and will perform services as fashion model for employers with a distinguished reputation;
      • Has received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies or other recognized experts in the field;
      • Commands a high salary or other substantial remuneration for services, as shown by contracts or other reliable evidence.
    3. Copies of evidence establishing that the services to be performed require a fashion model of distinguished merit and ability and either: Involve an event or production which has a distinguished reputation; or The services are as participant for an organization or establishment that has a distinguished reputation or record of employing persons of distinguished merit and ability.

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