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New York City Business Immigration Lawyer / New York City Skilled Professional H-1B Visa Lawyer

New York City Skilled Professional H-1B Visa Lawyer

Understanding the H-1B Visa

The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in specialty occupations that require theoretical or technical expertise. Common fields for H-1B employment include IT, engineering, science, and medicine. This visa category is designed to help employers fill positions that require specialized skills and knowledge not readily available in the U.S. labor market, contact our New York City H-1B visa lawyer today.

Eligibility Criteria for H-1B Visa

To qualify for an H-1B visa, applicants must meet the following criteria:

  1. Specialty Occupation: The job must require a bachelor’s degree or higher in a specific specialty, or its equivalent, and the worker must possess the required qualifications.
  2. Employer Sponsorship: The applicant must have a job offer from a U.S. employer who is willing to sponsor the H-1B petition.
  3. Degree Requirements: The applicant must hold a bachelor’s degree or higher (or an equivalent foreign degree) in the specific specialty related to the job.
  4. Labor Condition Application (LCA): The employer must file an LCA with the Department of Labor (DOL), attesting to paying the prevailing wage and ensuring that hiring the H-1B worker will not adversely affect the working conditions of U.S. workers.

Application Process

The H-1B visa application involves several key steps:

  1. Employer Files LCA:
    • The U.S. employer must obtain a certified LCA from the DOL, confirming that they will pay the H-1B worker the prevailing wage and maintain proper working conditions.
  2. Employer Files Form I-129:
    • After receiving the LCA, the employer files Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS).
  3. Petition Approval:
    • Once USCIS approves the petition, the foreign worker can apply for an H-1B visa at a U.S. consulate or embassy in their home country.
  4. Visa Stamping:
    • The worker attends a visa interview at the consulate or embassy and, if approved, receives the H-1B visa stamp in their passport.
  5. Entry to the U.S.:
    • The worker can then travel to the U.S. and start working for the sponsoring employer.

Benefits of the H-1B Visa

The H-1B visa offers several advantages for both employers and employees:

  • Employment Authorization: Allows U.S. employers to fill specialized roles with qualified foreign workers.
  • Initial Stay and Extensions: Grants an initial stay of up to three years, with the possibility of extensions for up to six years or longer in certain cases.
  • Dependents: The H-1B worker’s spouse and unmarried children under 21 can accompany them to the U.S. on H-4 visas. Spouses can apply for work authorization under certain conditions.
  • Path to Permanent Residency: H-1B visa holders can apply for a green card through employment-based immigration categories.

Challenges and Considerations

While the H-1B visa provides many benefits, it also comes with challenges:

  • Annual Cap: There is an annual cap on the number of H-1B visas issued, with 65,000 visas available in the general category and an additional 20,000 for individuals with advanced degrees from U.S. institutions.
  • Lottery System: Due to high demand, USCIS uses a lottery system to randomly select petitions for processing when the number of applications exceeds the cap.
  • Processing Time: The application process can take several months, and premium processing is available for an additional fee to expedite the decision.

The H-1B visa is a valuable option for U.S. employers seeking to hire skilled foreign professionals and for foreign workers looking to bring their specialized expertise to the U.S. By understanding the eligibility criteria and navigating the application process carefully, employers and employees can successfully take advantage of this visa category.

For personalized assistance with your H-1B visa application, contact Manhattan H-1B visa attorney Elsa Ayoub who specialize in employment-based visas.

New York City H-1B Visa FAQs

Q: How long does the H-1B visa process take?
A: The processing time can vary, but it typically takes several months. Premium processing is available for an additional fee to expedite the process to 15 calendar days.

Q: Can H-1B visa holders apply for a green card?
A: Yes, H-1B visa holders can apply for a green card through employment-based immigration categories such as EB-2 and EB-3.

Q: Can H-1B visa holders change employers?
A: Yes, H-1B visa holders can change employers, but the new employer must file a new Form I-129 petition with USCIS.

Q: What happens if the H-1B visa application is denied?
A: If the application is denied, the employer and employee can appeal the decision, file a motion to reopen or reconsider, or reapply with additional supporting evidence.

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