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H1-B Visa

The H1-B visa is issued to those who wish to temporarily work in the United States as a professional in a specialty occupation. Currently, the number of H1-B visas granted each year is capped at 65,000.

H1-B visa requirements:

  • you must be coming to the U.S. to perform services in a specialty occupation with a college degree or its equivalent in work experience, or be a distinguished fashion model
  • you must have a job offer from a qualified U.S. employer for work to be performed in the U.S., and you must be paid according to market value
  • you must have the requisite background to qualify for the job you are offered
  • your employer must have filed an attestation with the Dept. of Labor
  • your job must require a bachelor’s degree or higher, and this is standard in the industry or among similar positions in similar organizations.

Some examples of specialty occupations include accountants, upper-level business managers, physical therapists, engineers, and scientists.

H1-B Application Process:

The application process for the H1-B visa includes the employer filing a Labor Condition Application (LCA) with the U.S. Department of Labor and submitting a petition with the USCIS. The application waiting period will fluctuate but in general, is several months. The USCIS offers an option for premium processing. For a $1,000 fee, the USCIS will process the petition in 15 days.

Our experienced attorneys work with the employer and employee to submit the most complete and thorough petition, which emphasizes the applicant’s education, qualifications, and experience. In addition, our attorneys know the processes and procedures to work with various government agencies to ensure the best possible outcome.