Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
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H-1B Visas
What is an H1B Visa?
The H-1B visa is a nonimmigrant visa category in the United States that allows U.S. employers to temporarily employ foreign workers in specialty occupations. This visa program is commonly used by U.S. employers to hire highly skilled foreign workers in fields such as information technology, engineering, science, and other specialized professions.
Requirements for an H-1B Visa:
To qualify for an H-1B visa in the United States, you must meet specific requirements. The H-1B visa is designed for foreign workers who are coming to the U.S. to work in a specialty occupation for a U.S. employer. Here are the key requirements:
- Specialty Occupation: The job you are offered must qualify as a “specialty occupation.” A specialty occupation generally requires at least a bachelor’s degree or its equivalent in a specific field of study as a minimum qualification. Common examples of specialty occupations include software engineers, scientists, healthcare professionals, financial analysts, and engineers.
- Job Offer from a U.S. Employer: You must have a valid job offer from a U.S. employer. The employer must be willing to sponsor you for the H-1B visa and must file a petition (Form I-129, Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS) on your behalf.
- Employer’s Labor Condition Application (LCA): Before filing the H-1B petition, your employer must obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor (DOL). The LCA attests that the employer will pay you the prevailing wage for the position and provide certain working conditions. The LCA is an essential part of the H-1B application process.
- Educational Qualifications: You must possess the educational qualifications required for the specialty occupation. Typically, this means you should have at least a bachelor’s degree or its equivalent in a field related to the job. USCIS may require that your degree be from a recognized institution.
- Licensing and Credentialing (if applicable): For certain regulated professions, such as healthcare and law, you may need to provide evidence of state licensure or other required credentials in the state where you intend to work.
- Specialty Occupation Job Duties: Your job duties must align with the requirements of a specialty occupation. The H-1B petition filed by your employer should describe how your role meets the criteria for a specialty occupation.
- Prevailing Wage: Your employer is required to pay you the prevailing wage for the position and location where you will work. The prevailing wage is determined based on the specific occupation and geographic area.
- H-1B Cap (if applicable): There is an annual numerical limit or “cap” on the number of new H-1B visas issued each fiscal year. As of my last knowledge update in September 2021, the regular cap was set at 65,000 visas, with an additional 20,000 visas available for beneficiaries with a U.S. master’s degree or higher. Some employers, such as universities and nonprofit research organizations, are exempt from the cap.
- H-1B Petition Filing: The U.S. employer files an H-1B petition (Form I-129, Petition for a Nonimmigrant Worker) with USCIS. The petition includes various forms and supporting documents, such as the certified LCA, the job offer letter, and evidence of the foreign worker’s qualifications.
- USCIS Processing: USCIS reviews the H-1B petition to ensure that it meets all requirements and that the employer and employee are eligible for the visa category. USCIS may issue a Request for Evidence (RFE) if additional documentation or information is needed.
- H-1B Lottery (if applicable):
If the number of H-1B petitions exceeds the annual cap, USCIS conducts a lottery to randomly select petitions for processing. You should check uscis.gov to find out H1B lottery timeline.
- USCIS Approval: Once USCIS approves the H-1B petition, they issue an approval notice (Form I-797). This notice serves as confirmation that the H-1B petition has been approved.
- Visa Application or Change of Status: If the foreign worker is outside the United States, they can apply for an H-1B visa at a U.S. embassy or consulate in their home country using the approved Form I-797 and other required documents. If the foreign worker is already in the U.S. in a different nonimmigrant status, they may request a change of status to H-1B.
- Consular Processing (if applicable): For foreign workers applying for an H-1B visa at a U.S. consulate or embassy, they will attend a visa interview and provide additional documentation.
- Admission to the U.S.: Upon approval, the foreign worker can enter the United States in H-1B status and begin employment with the sponsoring employer.
- Employment and Extensions: The H-1B visa is typically granted for an initial period of up to three years, with the possibility of extensions for an additional three years, for a maximum total of six years. Extensions may be possible beyond the six-year limit in certain circumstances, such as when the H-1B worker is in the process of applying for permanent residency (a green card).
- Dual Intent: H-1B visa holders are allowed to have “dual intent,” meaning they can have the intention of applying for permanent residency (a green card) in the future while maintaining their H-1B status.
- Dependents: Spouses and unmarried children under the age of 21 of H-1B visa holders can accompany them to the United States on H-4 visas. H-4 visa holders can study in the U.S. and, in certain circumstances, obtain work authorization.
- Portability: H-1B workers who are already in the United States on H-1B status can change employers and begin work with a new employer as soon as the new employer files an H-1B petition on their behalf. This is known as “H-1B portability.”
It’s essential to work closely with your sponsoring employer, who will initiate the H-1B petition process on your behalf. The H-1B application process can be competitive and involves multiple steps, including employer sponsorship, USCIS processing, and potential interviews. Additionally, immigration policies and requirements may change, so it’s advisable to consult with an immigration attorney or refer to the official USCIS website for the most up-to-date information and guidance regarding H-1B visa requirements and application procedures.
H1B Questions and Answers
Important Links for Related Visas:
Please click the links below to learn the details about other work visas.
Immigrant Visas:
Non-immigrant Temporary Work Visas:
Our Expertise and Services
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance
After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.
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