H-1B Immigration

H1B Visa Lawyer

The H-1B visa is a temporary non-immigrant visa that allows a foreign alien to enter the United States to work. The period of the visa is for an initial period of not more than three (3) years with possible subsequent renewals. Total length of the visa does not exceed six (6) years.

The applicant or petitioner for an H-1B visa is the company sponsoring the alien worker (Employer). The petitioner can be a US corporation, partnership, sole proprietor or individual employer.

In order to succeed in the H-1B visa application, Employer must show that (1) it has a job position; (2) the job offered is a specialty occupation; (3) it has the resources to pay the alien worker’s salary; (4) the salary offered is not less than the prevailing wage determined by the Department of Labor of the State where the work site will be; and (5) the alien has the relevant qualifications and/or experience for the position.

Specialty occupation” is defined by Section 214 (i)(1) of the Immigration and Nationality Act (INA) as “an occupation that requires the theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into this occupation.”

In short, a specialty occupation is one which requires at least a minimum four (4) year bachelor’s degree obtained from an accredited university/college in the United States. The degree must be relevant to the job offered. If the alien worker has a foreign degree, an academic evaluation of the foreign degree will be performed to determine whether it is equivalent of at least a bachelor’s degree in the US.

In the event that the worker’s degree is not the equivalent of at least a bachelor’s degree at a regionally accredited university in the US, the USCIS may look at the worker’s prior relevant work experience. Relevant prior work experience may be counted towards the evaluation of a bachelor’s degree.

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