The H-1B visa (or “work visa”) is a document that allows qualified professionals to work in the United States. An H-1B visa allows American companies to hire top talent from around the world and gives talented immigrants the opportunity to legally live in the United States. However, obtaining this visa can be complicated. Hiring qualified Chicago H-1B visa attorneys can help you get the proper documentation and get to work quicker.
The professional, employer, position, and labor circumstances in the United States must all meet certain conditions in order for an H-1B visa to gain approval. For example, the prospective immigrant must hold at least a bachelor’s degree or the foreign equivalent. Furthermore, they must have either an advanced degree or substantial work experience.
The organization who wishes to sponsor the H-1B visa must extend an official offer to the employee and prove to have the funds necessary to pay the salary in the offer.
The position in which the profession wishes to work must be considered a “specialty occupation” under United States law. Most positions that require bachelor’s or advanced degrees fall into this category, and certain other jobs may also qualify.
Finally, there are other conditions that the Department of Labor requires. For example, the proposed salary must be right for the type of work the professional will do. Furthermore, a person’s employment cannot change labor conditions in the United States.
If you are an employer interested in sponsoring a visa or someone who wants to work in the United States, you may have heard about the cap that the federal government places on the number of H-1B visas it grants. In general, the United States will grant up to 65,000 H-1B visas each fiscal year. As with many regulations, there are exceptions to this rule. Chicago H-1B attorneys can help you find out if the position you’re interested in may qualify for these exceptions.
A person’s initial H-1B visa is typically good for three years. Often, you can get an extension on this time limit, but only for a total of six years. If the employer terminates the employment before the end of the visa’s authorization, the employer must pay for the individual to return to their home country.
The requirements and process outlined here only scrape the surface of the laws and regulations surrounding the H-1B visa process. Whether you are a sponsoring employer or the employee, you have work to do. Trying to sort out the complexities of the H-1B visa process and ensuring all the forms are correct only adds to your workload.
When you hire experienced, qualified Chicago H-1B visa attorneys, you get someone who can coordinate the process for you. The lawyers at Minsky, McCormick & Hallagan can ensure the government, employer, and employee get the documentation they need. If you’re ready to get started and cross this off your list, contact us today.