Employment Immigration
An H-1B visa is a U.S. work permit that allows foreigners to work “specialty occupations” for U.S. employers. This means that your employment in the United States cannot be for just any type of work; the work performed must involve a high level of skill such as in a professional occupation. Most applicants under the H-1B work visa category are highly educated with a university degree. However, a high education is not always necessary. Some H-1B visas can be granted to applicants with little education but with lots of work experience.
How Do I Qualify for an H-1B Visa?
To qualify for an H-1B visa, you must perform services in the U.S. in a specialty occupation. You must have:
- a job offer from a U.S employer that offers you the “prevailing wage” paid in the same U.S. geographic area for similar work that you will be performing
- the correct background to the job offered
Although the visa will be held by an employee, it is the responsibility of the employer to file for an H-1B visa. Both an employer and an employee may wish to retain a lawyer in order to make the process as smooth as possible.
I represent prospective employees and employers in non-immigrant work visas, including H-1B and L-1 visas, changes of status, extensions of status, and adjustment of status to lawful permanent status. I consult businesses on their rights and obligations regarding foreign workers and options for finding the right employee for difficult to fill positions. Most cases or flat fee based. If you wish to explore your options, please contact me for a free intake.
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