H1B Immigration Attorney in NYC

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H-1B Visa Program

The H-1B Visa is tailored for highly skilled foreign workers, allowing them to work temporarily in the United States. This program is instrumental for U.S. employers looking to fill specialized positions that require expertise not readily available in the domestic workforce.

Key Features of the H-1B Visa

Specialty Occupations

The H-1B Visa is primarily for professionals in specialty occupations, requiring a theoretical and practical application of specialized knowledge. This can include fields such as IT, engineering, healthcare, and more.

Employer Sponsorship

To apply for the H-1B Visa, individuals must have a sponsoring U.S. employer. The employer files a petition on behalf of the foreign worker, outlining the job position’s requirements and the candidate’s qualifications.

Eligibility Criteria for the H-1B Visa

Specialty Occupation

To be eligible for the H-1B Visa, the job position must meet the criteria of a specialty occupation, requiring at least a bachelor’s degree or its equivalent.

Educational Qualifications

H-1B candidates must possess a relevant bachelor’s degree or higher in the field related to the job position. In some cases, work experience may be considered as an equivalent.

Employer-Employee Relationship

There must be a legitimate employer-employee relationship, with the employer maintaining control over the terms and conditions of employment.

Benefits of the H-1B Visa

Professional Opportunities

One of the primary benefits of the H-1B Visa is the opportunity for foreign professionals to work in the U.S., gaining valuable experience and contributing their expertise to U.S. industries.

Dual Intent

H-1B Visa holders can maintain a dual intent, meaning they can pursue permanent residency (green card) while in the U.S. on H-1B status.

Dependents’ Inclusion

H-1B Visa holders can bring their spouses and unmarried children under 21 as dependents, allowing them to accompany and stay with the primary visa holder.

Application Process for the H-1B Visa

Employer’s Labor Condition Application (LCA)

Before filing the H-1B petition, the U.S. employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor (DOL). This document attests to the employer’s compliance with labor regulations.

Form I-129: Petition for a Nonimmigrant Worker

The sponsoring employer files Form I-129 with the U.S. Citizenship and Immigration Services (USCIS), providing comprehensive details about the job position, the foreign worker’s qualifications, and the terms of employment.

H-1B Cap and Lottery System

Given the high demand for H-1B visas, there is an annual cap on the number of visas available. If the number of applications exceeds the cap, a lottery system is employed to randomly select the petitions that will be processed.

Maintaining H-1B Visa Status

H-1B Visa holders must adhere to the terms and conditions of their visa status. Any changes in employment, extension of stay, or transition to another employer require timely filings and approval from the USCIS.

Need a H1B Visa Lawyer in NYC?

Our expert is here to assist you. Specializing in H1B immigration law, they have a successful history in handling H1B visas, ensuring your unique skills are acknowledged. We understand the value of your dreams and are committed to providing you with the best legal support. Our H1B immigration lawyer is dedicated to making the immigration process straightforward and stress-free for you.