H-1B: Temporary Work Permit Visa Lawyers
What is an H-1B Visa Work Permit?
An H-1B visa is a work permit that allows an alien to work for an employer in the United States temporarily in a specialty occupation. Laws limit the number of H-1B visas issued annually.
What is Considered a Specialty Occupation?
Occupations requiring theoretical and practical application of a body of specialized knowledge and at least a bachelor's degree or an equivalent are considered specialty occupations. Some specialty occupations are:
- Physical and Social Sciences
- Medicine and Health
How Can I Apply for an H-1B Visa?
Before applying for an H-1B visa you must have a sponsoring U.S. employer. The employer will submit an application to the Department of Labor (DOL) and then with the United States Citizenship and Immigration Services (USCIS). If the employer's petition with the USCIS is approved then you may apply for your H-1B visa.
I Run a Business. How Can I Hire Foreign Workers Using an H-1B Visa?
A company hiring an H-1B foreign worker has tremendous responsibilities and the guidance of an immigration attorney is strongly encouraged. There are many steps an employer must take. A sample of these steps includes:
- Determining the actual and prevailing wage for the position
- Informing workers or their representatives of the intent to hire a foreign worker
- Submitting a Labor Conditions Application with the DOL
- Upon DOL certification, filing with the USCIS
- Once approved by the USCIS, then the employee applies for the H-1B
- The foreign worker cannot begin their employment until the H-1B visa is granted
How Long is an H-1B Visa Valid for?
Generally the H-1B is valid for 6 years. In some circumstances the visa may be extended beyond the 6 year period. The H-4 Visa for family members and close relatives and has similar restrictions and provisions as the H-3.
Do I Need a Lawyer to Get an H-1B Visa?
Whether you are an employer or an employee, applying for a work permit can be complicated. An immigration lawyer knows the ins-and-outs of the H-1B process and can recommend what steps you need to take.
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Last Modified: 02-22-2013 04:11 PM PST