Once you’ve submitted your H1B visa application, you may hope that everything goes well. Instead, it would be a better approach to work with an H1B visa lawyer who can guarantee that your documents are accurate and submitted correctly. Your H1B visa will take a long time to process. Waiting until denial would not work to your best benefit. After your H1B visa lawyer educates you on the requirements and how the system works, you’ll have more confidence that you will be approved.
What Is an H-1B Visa?
An H-1B visa is available to foreign workers who will be employed in a "specialty occupation." According to the U.S. Citizenship and Immigration Services (USCIS), a specialty occupation is one that requires:
- A minimum of a bachelor's degree, higher, or equivalent in a specific field of study related to the position.
- The theoretical and practical application of specialized knowledge in that field.
An H-1B visa is a temporary work visa that allows U.S. employers to hire foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as science, technology, engineering, and mathematics. The H-1B visa is initially granted for up to three years and can be extended for up to six years. The visa holder may also be eligible to apply for a green card to become a permanent resident of the United States. There is an annual cap on the number of H-1B visas that can be issued, and the demand often exceeds the supply. Employers can begin filing H-1B visa petitions on April 1st of each year for the upcoming fiscal year, which starts on October 1st.
Which Type of Foreign Worker Is Eligible for an H-1B Visa in the US?
Examples of specialty occupations that may qualify for an H-1B visa include:
What Are the Specialty Occupations Needed for an H-1B?
An H-1B visa expects the foreign worker to have a background in one of the foremost specialty occupations that require theoretical or technical expertise in specialized fields such as science, engineering, mathematics, and technology.
Common Problems with an H-1B Visa Petition
There are several common problems that can arise with an H-1B visa petition, including:
Insufficient or Inaccurate Documentation
H-1B visa applications require extensive documentation to support the petition, including evidence of the beneficiary's qualifications, the job offer, and the employer's ability to pay the prevailing wage. Only complete or accurate documentation can result in the petition being approved.
Ineligibility of the Beneficiary
H-1B visas are intended for individuals who possess specialized knowledge or advanced degrees in a specific field. If the beneficiary does not meet the eligibility criteria, the petition will be denied.
Failure to Meet the Prevailing Wage Requirement
Employers are required to pay H-1B workers the prevailing wage for their occupation and geographic location. If the employer fails to demonstrate that they will pay the required wage, the petition will be denied.
Inability to Demonstrate the Employer-Employee Relationship
The USCIS requires evidence that the employer will have a sufficient level of control over the H-1B worker, including supervision, hiring, and firing. Failure to demonstrate this relationship can result in denial.
There is a yearly cap on the number of H-1B visas that can be issued. If the cap has been reached, the petition will be denied.
Inconsistencies in the Application
Inconsistencies in the information provided in the application or supporting documentation can lead to a denial. It's important to ensure that all information is accurate and consistent.
Lack of Qualifications or Experience
The USCIS requires evidence that the H-1B worker has the necessary qualifications and experience to perform the job. Failure to demonstrate this can lead to denial.
Boston H-1B Visa Lawyer
Your Boston H-1B visa immigration lawyers are great at helping you understand how H-1B Work Visas are managed. A Boston work visa lawyer can help in several ways with the H-1B visa application process:
An H-1B visa lawyer can review the beneficiary's qualifications and the job offer to determine if they are eligible for the H-1B visa.
File the Petition
A Boston immigration attorney can assist the employer in filing the H-1B visa petition with the USCIS, including completing the necessary forms and preparing supporting documentation.
Address Requests for Evidence (RFEs)
If the USCIS requests additional information or documentation, an H-1B visa lawyer can help prepare a response to the RFE to strengthen the petition.
In the event of a denial, an H-1B visa lawyer can review the reasons for the denial and determine if there is a basis for an appeal or refiling the petition.
Compliance With Regulations
An H-1B visa lawyer can advise the employer on compliance with the regulations governing H-1B visas, including wage requirements, changes in job duties, and other issues that may arise during the employment of the beneficiary.
Assistance With Green Card Applications
An H-1B visa lawyer can also assist the beneficiary in applying for a green card, which can provide permanent residency in the United States.
How to Apply for an H1B Visa
Our legal team can help you apply with premium processing. To apply for an H-1B visa, you will typically need the following items or information:
A Valid Passport
You will need a passport that is valid for at least six months beyond your planned period of stay in the United States.
A Labor Condition Application (LCA)
The employer must obtain an LCA from the Department of Labor, which includes information about the job offer, the prevailing wage for the position, and other details.
Educational and Work Experience Documents
You will need to provide documentation of your education and work experience, including transcripts, degrees, and employment letters.
Job Offer Letter
You will need a job offer letter from the employer that outlines the position, duties, and compensation.
The employer will need to file Form I-129, Petition for Nonimmigrant Worker, with the USCIS along with the required fee.
USCIS Filing Fee
There is a fee for filing the H-1B visa petition with the USCIS.
Premium Processing Fee Optional
If you would like to expedite the processing of your petition, you can pay an additional fee for premium processing.
Evidence of Specialty Occupation
This refers to evidence that shows that the position requires specialized knowledge or advanced degrees in a specific field.
Evidence of Employer-Employee Relationship
You will need to provide evidence that there is a valid employer-employee relationship, including supervision, hiring, and firing.
You may need to provide biometric information, such as fingerprints, as part of the visa application process. It's important to work with an experienced immigration lawyer to ensure that you have all the necessary documentation and information to apply for an H-1B visa. They have highly specialized knowledge and can help determine if you can apply based on your situation. Certain circumstances, such as not having a master’s degree or bachelor’s degree, may impact you. Working with a Boston H-1B visa lawyer can help ensure that the H-1B visa application process is smooth and successful and that the employer and beneficiary comply with all applicable laws and regulations. Contact us at IMM Solutions LLC to consult with a helpful immigration lawyer about your non-immigrant status now.
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