ImmiVisa Law Group:
Your H-1B Visa Lawyer
H-1B Visa Attorney
Are you a foreign national looking to legally work in the US for a short time, or do you need to hire foreign talent for your business? As a foreign national, you need appropriate documentation to enter the United States and work in the country.
The H-1B visa is typically the visa of choice for most professional organizations seeking to hire qualified foreign workers temporarily. If you’re in such a position, an attorney that offers immigration law services can help you with your H-1B visa application.
How Does the H-1B Visa Work?
The H-1B visa is a non-immigrant visa that allows the holder to legally work in the US. This visa is employment-based and involves the US employer’s full participation and sponsorship.
To qualify for the H-1B Visa, the US employer and the prospective employee must comply with the United States Citizenship and Immigration Services (USCIS) rules and regulations. The H-1B visa regulations are designed to ensure that both the US employer and the foreign worker comply with the Department of Labor’s guidelines. Filing a Labor Condition Application (LCA) is a significant component of this compliance.
The H-1B visa application process is subject to many requirements and conditions. It could get really complicated along the way due to the large amount of regulatory compliance and paperwork involved.
If you’re a H-1B visa applicant, consider speaking with a skilled H-1B visa Attorney that could guide you through the application process.
Who Can Obtain an H-1B visa?
The H-1B visa is primarily used by foreign professionals employed in specialty occupations requiring a bachelor’s degree or higher or an equivalent foreign degree.
Engineers, architects, physicians, persons in the STEM field, and other professionals are examples of specialty occupations that could qualify for H-1B visas.
H-1B Visa Requirements
To be eligible for a H-1B visa, both the applicant and employer must fulfill the following requirements:
- The applicant should have a comprehensive understanding of the required field
- Employers should demonstrate a shortage of suitable candidates in the United States
- The applicant should have completed higher education such as a bachelor’s or master’s degree or the foreign equivalent
- The position must demand a specialist or professional
- The mandatory degree is a standard prerequisite for the position
Duration of the H-1B Visa
H-1B visa holders are typically admitted to the US for three years. Still, the duration can be extended up to six years.
The H-1B visa is also a dual intent visa that allows holders to petition for legal permanent residency while in the United States.
Converting From H-1B Visa to Green Card
The H-1B visa is a non-immigrant dual intent visa that could also be a pathway to becoming a permanent resident (green card holder) in the US.
To become a permanent resident, you would need to follow these steps:
- Find a Qualified US Employer
- have your qualified US employer a Submit PERM Labor Certification
- Submit a Form I-140 petition
- Wait for your priority date to become current
- File the Form I-485 Adjustment of status
In rare cases, concurrent filing allows the I-485 and I-140 petitions to be submitted simultaneously. A reputable immigration lawyer can help you with your petition. Contact the ImmiVisa Law Group today to get started.
How a H-1B Visa Attorney Can Help
Ordinarily, you can file for your H-1B visa on your own. However, H-1B visas are subject to many specific rules and considerations. Sometimes, these rules are susceptible to change, and if you are uninformed, you may be caught off guard.
Also, the volume of paperwork and correspondence involved in a H-1B visa application could be overwhelming for many people. This could lead to improper documentation, which could, in turn, lead to a refusal by the USCIS.
If you’re a H-1B applicant, employing the services of an immigration attorney would be an advantage because an immigration attorney will be up-to-date on the relevant details or regulations and can apply their knowledge to your application to help you get the desired results.
Your H-1B attorney can help you put your paperwork and documents to meet the legal requirements to avoid any costly mistakes and file your application on your behalf.
The H-1B visa application process could swing either way. If your application is denied for any reason, your lawyer can help you appeal the decision.
An NIW Lawyer, could also help you determine if you qualify for a National Interest Waiver after assessing your case. If that is the case, then your visa application would no longer depend on the existence of an employment offer and employer sponsorship.
Contact Us at the ImmiVisa Law Group
At the ImmiVisa Law Group, we are committed to offering solutions to a wide range of immigration problems. We’d love for you to be a part of our success stories.
We are a full-service immigration law firm with the goal of simplifying and helping you navigate the complex US immigration system, leaving you free to focus on your business and other important concerns. At ImmiVisa, we take the attorney-client relationship very seriously, and we are willing to answer any questions you might have about your case.
Over the years, we have successfully applied our skills, knowledge, and experience to help H-1B visa applicants, green card applicants, and other prospective immigrants with their immigration law needs. Contact us today, and we might be able to do the same for you.
Frequently Asked Questions
Can I Apply for an H-1B Visa on My Own?
Yes, you can apply for the H-1B visa on your own. However, hiring an immigration lawyer would be highly beneficial and could increase your chances of success.
Do I Need to Have a Job Offer Before Applying for an H-1B Visa?
An H-1B visa is an employment-based visa. A job offer is one of the primary conditions for eligibility for this visa class. So, you need a job offer before applying for an H-1B visa.
How Much Does an H-1B Visa Attorney Cost?
H-1B visa attorney fees are not fixed but depend on several factors, including the skill of the lawyer, the location of the firm, the complexity of the case, and the quality of service rendered. The easiest way to find out the cost of hiring such an attorney is to contact one and discuss the issue of fees during your initial consultation.
