H-1B visas are temporary visas for non-immigrants that allow employers to petition to domestically employ foreign workers who are highly educated and in specialty occupations. These employees require at least the U.S. equivalent of a bachelor’s degree or higher in a specific field of study. Some of these jobs typically fall within industries like technology and engineering. H-1B visas are usually for three years and may be extended to a maximum of six years. Some exceptions allow for additional 3-year extensions beyond the maximum six-year period. Applying for the H-1B Visa is a complex process, which is why it is important to retain the best H-1B attorney.
When you hire the best H-1B attorney, you have someone who has the experience necessary to help you petition for this specialized visa for your employee. The attorneys at Minsky, McCormick & Hallagan, P.C., are experienced in petitioning for H-1B visas for a variety of occupations and industries.
There are certain H-1B visa caps you have to be familiar with, and under what scenarios the limited exceptions apply. An H-1B attorney can help you understand all the nuances with this specialized visa category.
For this specialty visa, there are certain requirements that must be met. These include:
The employee has to have at least a bachelor’s degree or equivalent experience.
The employer who is petitioning for the H-1B visa has to get a labor condition application (LCA) from the United States Department of Labor prior to filing the petition with the USCIS.
The employee must be sponsored for a specialty occupation, i.e. a role that requires at least the U.S. equivalent of a Bachelor’s degree in a specific field.
If the employee has a spouse and/or children, they are allowed to live in the United States under H-4 status and can study, and in some specific circumstance, may be legally able to work.
In order to proceed, the attorney will need information and documentation about the employer who is petitioning for the H-1B visa. This includes, but is not limited to:
Do not attempt to figure out the H-1B visa process on your own. As an employer, it is important to complete all the correct steps from the start. Otherwise, the petition could be denied. When you choose Minsky, McCormick & Hallagan, P.C., you get recognized industry leaders in the field of immigration law and the experience of a large firm, but the attention of a smaller boutique firm. Contact our office at 312-427-6163 to schedule a consultation.