The best step that you can take is to reach out to an experienced H1-B visa attorney at Hayoon Kane Law Firm, PLLC.
What Is an H1-B Visa?
Immigration law allows U.S. employers to seek help from foreign workers in specialty areas where there is no U.S. employee who is readily available to perform the work. These are skilled jobs that require specialized training and experience to successfully complete the tasks required of the occupation. The H1-B visa is a temporary one, and it does not allow the holder the right to permanently remain in the United States, although it can be the first step on the path to an eventual green card and citizenship.
What Are the Requirements of an H1-B Visa?
There are numerous requirements that you must meet to qualify for an H1-B visa, including:
- You have a U.S. bachelor’s degree or the equivalent from a foreign institution (foreign workers who have just graduated from a U.S. university often apply for an H1-B visa to be able to work in the United States once they have completed their degree)
- You have a job offer from a U.S. employer in a specialty occupation
- The position requires knowledge and skills for which a bachelor’s degree is needed
- You have the required licenses and certifications for the position (such as passing the bar exam if you are seeking an H1-B visa as an attorney).
How Do I Apply for an H1-B Visa?
The prerequisite to applying for an H1-B visa is that you have a job offer from a U.S. employer who will sponsor your application. The employer will need to take the first step by filing a Form-129 with USCIS. The employer first needs to show that the position is a “specialty occupation” that requires a bachelor’s degree.
Like many other employment-based visas, the employer will also need to obtain a certification from the Department of Labor that hiring you will not adversely affect wages and working conditions of U.S. workers (the employer must make a prevailing wage determination for your geographic area). The employer cannot file the petition with USCIS until they have obtained this certification, adding time to the application process.
It is only after USCIS has approved the Form I-129 that you can file your own individual application for the visa. Then, you need to provide information about yourself and sit for an interview with USCIS before they can make a decision. You will need to wait to begin your employment until the visa petition has been approved.
H1-B visa approval times are usually shorter than those in other categories, both family and employment-based. Nonetheless, given the stakes that are involved, you cannot take anything for granted, and you should consider hiring an H1-B lawyer to help with the process.
Are There Caps on the Number of H1-B Visas?
There are strict limits on the amount of H1-B visas that USCIS can issue on an annual basis. Overall, there is an annual limitation of 65,000 H1-B visas. There are an additional 20,000 H1-B visas available for foreign workers who have the equivalent of a U.S. master’s degree or higher. If there are more applicants than there are available visas, you will be subject to a lottery to determine whether you can receive an H1-B visa.
What Are Some Common Challenges in the H1-B Visa Application Process?
You do not want your H1-B visa application to be derailed by any potential difficulties, making it even more important that you get legal help from an experienced H1-B visa lawyer. Some common pitfalls in the process may include:
- There is more demand for H1-B visas than spaces available
- You have difficulty understanding the complex eligibility requirements for an H1-B visa
- The employer has a significant amount of responsibility in the process to persuade USCIS that your position is one that is suitable for an H1-B visa
- USCIS may express concerns about you, whether it is because you have a criminal record in your home country, or you have a history of prior immigration violations (in that case, the agency may send you a Request for Evidence to learn more or a notice that they intend to deny your petition)
- Immigration policies and how the USCIS applies them are continuously in a state of flux
How an H1-B Attorney Can Help
Whether you are a foreign worker or a U.S. employer, you can benefit from the help of an H1-B visa attorney. When you hire an H1-B visa lawyer, they can do the following to help you:
- Explain the requirements of the H1-B visa program and the steps that you must take to qualify
- Apply for all necessary certifications
- Assist with completing your application and the supporting documentation
- Communicate with USCIS on your behalf, especially when they have sent you an RFE
- Filing an appeal, or a Motion to Reopen, on your behalf when the H1-B visa petition has been denied by USCIS
Contact an H1-B Visa Lawyer Today
If you are seeking to hire a skilled foreign worker or apply for an H-1B visa, Hayoon Kane Law Firm, PLLC, can guide you every step of the way. We help employers and professionals navigate the complex H-1B process with confidence and precision. Let us help you prepare a strong petition and meet critical deadlines.
Contact us today to schedule a consultation and get started on your H-1B journey. You can fill out an online contact form, or you can call us today at (702) 463-7630 to speak with an H1-B visa lawyer.
