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Barrera Legal Group can help with Applying for an H-1B Visa

What is an H-1B Visa?

H-1B Visas are available to noncitizens who intend to perform services in a specialty occupation, where the employment role requires a bachelor’s degree or equivalent that is common in the industry in the areas typically related to technology, finance, engineering, architecture and other areas.  


H-1B Occupation Requirements:

The occupation must meet one of the following criteria to qualify as a specialty occupation:


  • Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position.


  • The degree requirement for the job is common to the industry, or the job is so complex or unique that it can be performed only by an individual with a degree;


  • The employer normally requires a degree or its equivalent for the position; or


  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.


H-1B Employee Requirements:

For you to qualify to accept a job offer in a specialty occupation, you must meet one of the following criteria:


  • Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university;


  • Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation;


  • Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment; or


  • Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.


H-1B Application Process:

One of the major issues with the H-1B visa is that there is a numerical cap which is often filled quickly. This requires registration that begins in March each year for a lottery run by the Government.


The employer must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) for Certification. The purpose of the LCA is to confirm that your employer will pay you the same wage as other similarly qualified workers in the same geographic area and that your working conditions will not affect other employees.


After the LCA is approved, the employer will then submit the form I-129 to USCIS along with the LCA. After the I-129 is approved if the employee is in the United States, the employee must wait for the visa to become active to begin working for the employer. If the employee is outside the United States, then the employee will need to apply for the travel visa through a U.S. Consulate to have the visa issued in the passport to be allowed to enter the United States and work for the employer.


Other benefits of the H-1B is that it can be renewed for an additional 3 years after the initial period of 3 year with additional extensions under very limited circumstances. Furthermore, the H-1B can potentially facilitate the path to a green card from an employer as well. Furthermore, the H-1B is a dual intent visa which will allows travel and stay in the United States while also applying for a green card.


Spouses and children can join the H-1B employee under an H-4 classification. Spouses can apply for work authorization as long as the H-1B employee has already started the process of seeking a green card based on employment, but not before.

Contact us today to schedule a consultation with an H-1B attorney professional to discuss the eligibility requirements and application process for the H-1B Visa. 

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