If you are a business owner and you have an interest in hiring foreign workers to help run your day-to-day operations, then you must first petition for H-1B visas on behalf of the workers you are seeking to employ. However, the occupation must require highly specialized knowledge and a bachelor’s or a higher-level degree to apply for the H-1B visa.
The experienced lawyers at Yacub Law Offices are here to serve clients by providing them with top-notch legal representation in all matters regarding immigration law. We possess the knowledge and extensive resources you need on your side to successfully navigate your case and make informed decisions.
H-1B Visa Requirements
If you are seeking an H-1B Visa, you must meet several requirements:
The employee must be coming to the U.S. to work in a specialty occupation. Specialty occupations include jobs that require the theoretical and practical application of a body of highly specialized knowledge. Most specialty occupations require a bachelor’s degree or advanced degree.
The employee needs to already have a job offer from an American employer for work that will be performed in the United States before you apply.
The wages that the American employer offers must be similar to the wages made by workers in the same field or job.
The employer petitioning for the H-1B visa must also file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) before the application can be processed.
The following are examples of occupation that can make an individual eligible for the H-1B Visa:
• Computer Systems Analysts
• Medical Technologists
• Physical Therapists
• Upper-Level Business Managers
• H-1B Visa Petition Process
When you file to petition for an H-1B visa, you must go through a multi-step process that requires signing numerous legal forms and gathering and corroborating evidence that will prove you are eligible to legally enter the United States.
The H-1 visa process includes:
Employer Sponsor and Job Offer – The applicant must have an employer or company sponsor and meet the qualifications.
Submit Forms and Applications – The applicants must complete the necessary forms, including the Labor Conditions Approval (LCA), Form I-129, Form DS-160, along with other required documentation.
Visa Processing at Embassy or Consulate – If the petition is approved, the applicant will process their visa at the U.S. embassy or consulate of their home country.
It would be wise to first consult with a seasoned immigration lawyer to ensure your documents are properly filled out and accurate.
H-1B Visa Caps
There are only a limited number of H-1B Visas that are issued each year. According to the USCIS, the current cap is at 65,000 visas. Due to the limited availability and the lottery selection, there is no guarantee that an individual will receive the visa.
If you are interested in utilizing the H-1B visa, we recommend that you apply as soon as possible with the help of an attorney. We can advise you of the filing deadlines, requirements, and help to resolve any issues or delays that may arise during the application process.
Every Client We Represent Matters
Yacub Law Offices is committed to serving clients throughout Rockville with their complicated immigration matters. From visa cases to deportation cases, we possess more than 20 years of experience advocating for our clients’ best interests. We can review your situation and build a strong case strategy that will ensure your rights and interests are fully protected.