Philadelphia Immigration Lawyer H1B Visa
The complex legal process that goes into obtaining an H1B work visa for you can be time consuming and overwhelming, which leaves many people feeling frustrated and hopeless when dealing with the maze of paperwork and administrative requirements which embody our country’s immigration system. Under the circumstances, hiring a knowledgeable H1B Visa Lawyer will allow you to feel confident in your ability to tackle this petition, and in the knowledge that it is being taken care of by an expert who will correctly adhere to this process. The H-1B is a visa that allows foreign nationals to enter the US and work in a variety of “specialty occupations,” including as architecture, law, medicine, engineering, science, etc. The H-1B visa offers a wide range of employment possibilities, and is often a first step toward permanent Immigration. The H-1B visa can be used for part-time, full time, or concurrent employment. If the occupation requires a license, such as a state license, the applicant must obtain one as well.
An H1B holder can only work for the employer who sponsored their visa. They can work for several employers concurrently, but separate H1B petitions must be filed by each employer.
The spouse and unmarried children below the age of 21 are allowed to accompany or join the H-1B worker as H-4 dependents. However, they cannot work unless they qualify for a separate work visa. They can, however, attend school in the US without a student visa.
Requirements for H1B
There are a number of requirements that must be fulfilled before an H1B can be granted:
- The foreign national has a Bachelor’s degree or foreign equivalent. Alternatively, 3 years of progressively responsible work experience in a related field may equal 1 year of university academic study.
- The foreign nationals’ field of study must be related to the job being offered to him/her
- The job being offered to the foreign national must usually require at least a Bachelor’s degree
Procedural Steps
The H-1B visa requires a US employer as a sponsor. The applicant must seek a US employer willing to hire the applicant temporarily, pay the applicant the prevailing wage for the offered position and file the petition, and supporting documents with the U.S. Immigration Services (the USCIS).
First, a sponsoring employer files a Labor Condition Application (LCA) with the Department of Labor. Upon obtaining an approved LCA the employer files Petition for Non-Immigrant Worker (Form I-129 and H Supplement) with Immigration office having jurisdiction over the place of employment. The petition must be filed with documentation which demonstrates that the job is a professional or specialty occupation and that the H-1B applicant is qualified for the position.
After approval, the USCIS will send Form I-797 (Notice of Action) to the employer. The employer then notifies the applicant and sends all the required documents to the applicant. The applicant can then apply for their H-1B visa at the US Consulate abroad or, if the applicant is legally in the US, they can adjust their non-immigrant status without leaving the US.
Visa fees associated with obtaining the H-1B visa in US Consulates abroad vary from country to country.
H1B Visa Immigration Lawyer Philadelphia
At The Law Offices of Greg Prosmushkin, P.C., the Philadelphia Immigration Lawyers boast an outstanding approval rate in cases filed. We provide high-quality legal services by prioritizing our client’s individual needs, their schedule, and personal integrity. Please note that the laws regarding the H-1B visa are constantly changing and applicants considering this type of visa as a means of working in the US on a temporary basis should stay informed and updated as much as possible. Because your circumstances and the circumstances of your dependent family members may require special attention, you should always consult with a knowledgeable business immigration attorney before initiating your H1B case. No two cases are the same.
This content was written on behalf of Greg Prosmushkin.