H-1B Visas

H-1B visas are designed for professionals of foreign nations with specialized knowledge, expertise, or ability in fields such as technology, science, engineering, and mathematics. H-1B visas are limited to a specific amount issued annually. Who gets an H-1B visa is determined by a lottery system due to the high demand. 

There are numerous requirements that must be satisfied in order to be eligible for an H-1B visa. Our skilled immigration attorneys at Premier Immigrations Solutions, PLLC understand these requirements and can guide you through the application process and help you to obtain an H-1B visa.

H-1B Visa Requirements

There are certain requirements that one must meet in order for the United States Citizenship and Immigration Services (USCIS) to issue an H-1B visa. First and foremost, you must have a qualifying job offer from a U.S. employer or recruiter. Additionally, the job offer must be a “specialty occupation”, oftentimes meaning that it requires at least a bachelor’s degree in your field and specialized knowledge.

Furthermore, your prospective employer must obtain a certification from the U.S. Department of Labor confirming that the employment conditions and wages will comply with U.S. standards and regulations. H1-B applicants are also generally expected to maintain a temporary intent and to demonstrate that they do not intend to immigrate to the U.S. permanently. However, this does not necessarily preclude successful applicants from eventually pursuing a green card or even U.S. citizenship. 

With the complicated requirements and application procedures, it can be difficult to obtain an H-1B visa by yourself. Our immigration attorneys possess the required knowledge of H-1B visa requirements to help you navigate the intricate USCIS application process and determine if you would be a good candidate for an H-1B visa. 

H-1B Visa Application Process

Obtaining an H-1B visa is a multi-step process that can be complex, and timelines often vary. Initially, an applicant must be offered a job by an employer and that employer must act as the petitioner on the employer’s behalf. The job needs to be in a specialty occupation that requires the prospective employee’s specific qualifications.

Even before the H-1B petition, the prospective employer must submit a labor conditions application (LCA) to the U.S. Department of Labor which includes details about the job, salary, and working conditions. Our attorneys will work with you and your prospective employer to accurately complete the LCA and have it submitted in a timely manner to the Department of Labor.

Once the LCA is submitted, a petition is filed with USCIS along with all supporting documentation and fees. Our attorneys can ensure that these forms are filled out accurately and the requisite documentation showing that you meet the requirements for an HB-1 Visa.  If there are more qualified applicants than H-1B visas available (which there almost always are), applicants are selected by a lottery system.

If selected, you may then apply for an H-1B visa or if you are already in the U.S., you may apply for a change of immigration status. Our immigration attorneys can guide you through this process, helping you complete all necessary paperwork accurately and assist with any dealings or requests for additional evidence from the USCIS.

Benefits of an H-1B Visa

Some of the benefits of an H-1B visa include:

• H-1B visa holders are able to gain invaluable experience working for employers in the U.S. and contributing their expertise
• Many H-1B visa holder’s spouses and unmarried children under the age of 21 are eligible for H-4 visas, allowing them to accompany the H-1B visa holder to the US with possible work authorization and study opportunities.
• H-1B visa holders are allowed to travel in and out of the U.S. so they can return to their home countries for visits or attend conferences and meetings abroad.
• H-1B visa holders contribute to Medicare and Social Security and can benefit from these programs during their stay.
• Potential steppingstone to a Green Card or U.S. Citizenship.

Premier Immigration Solutions Legal Services

Premier Immigration Solutions, PLLC offers full-service legal representation for H-1B applications. We will represent you throughout the entire process advising the employer and prospective employee about the process the entire way and providing application timelines. 

We will work diligently to have all required documentation accurately completed and submitted timely whether it be the LCA for the Department of Labor or all required USCIS documentation. We will complete your petition and file it with the USCIS and help handle all dealing with the USCIS. Our team will work diligently to get your application approved as quickly as possible. If you are interested in an H-1B, contact Premier Immigration Solutions today to set up a consultation!