If you are someone who holds a specialty occupation and wants to work in the US, you should definitely do your homework about the H-1B visa. To get a H-1B visa, the professional should have a bachelor’s degree or at least 12 years or more of specialized knowledge in a particular field. While the immigration system is meant to be simple, understanding the evolving laws and related requirements can be quite a hassle. For those aspects alone, you need an H1-B Visa lawyer to guide you further. Here’s what you must know about the H-1B visa.
Requirements for the H-1B visa
For the unversed, the H-1B visa is an employer-sponsored visa, which means the employer needs to demonstrate that they need someone with special skills. Secondly, the prospective employee should have the required degree for the job or the essential experience for the position. The foreign worker must be paid the same salary or remuneration as per the market value. The employer is required to file an attestation that states the prevailing wage will be paid to the worker with the Department of Labor. The H-1B visa is available for a wide range of professions, including IT professionals, dieticians, accountants, lawyers, and doctors.
Other things to know
Please note that there is a cap on the number of H-1B visas issued yearly. Those with a master’s degree will likely have an advantage, and the allocation is based on a lottery system. The employer starts the process by filing a petition with the USCIS and a Labor Condition Application (LCA) with the Department of Labor. It can take several months to process the application, although there is a premium option for fast-tracking the petition. There are exceptions to the cap, including professionals who have counted in the cap for the previous year. A particular number of H-1B visas are reserved for those from Singapore and Chile.
Get an attorney
Employers often work with lawyers for H-1B petitions to ensure that cases are updated and in sync with the laws. There is no one way of getting approved for the H-1B Visa, but attorneys understand the various elements of immigration laws and can take appropriate steps to ensure the documentation is done right. Make sure to choose a firm that deals with H-1B petitions on a regular basis. Many lawyers offer low-cost consultations, and the overall price paid for the services is worth the work involved.
