H-1B Visa Work Permit

H-1B Visa Work Permit

For Those Wanting to Immigrate to the USA Through a H-1B Visa Work

An H-1B Visa is a U.S. work permit that allows foreign nationals to work  “specialty occupations” for U.S. employers.

With this, you are only able to apply for specific positions. You are not allowed to work just any job in the US.

The work performed is required to involve a high level of skill such as in a professional occupation.

Most applicants that successfully apply for the H-1B Work Visa category are highly educated with a University degree.

H1-B Visa ALERT: The annual H-1B Visa quota of 65000 per year has now been filled. No new H-1B Visas will be accepted until April 1, 2012. If you intended to apply for an H-1B Visa, contact us for alternative solutions. A TN Visa or L-1 Visa may be a suitable alternative .

Criteria To Fulfill So You Can Qualify For An H-1B Visa

You are required to perform job responsibilities within a predetermined specialty occupation:

You are required to have a job offer from a US employer that is offering you the “prevailing wage” that is paid in the same U.S. geographic area for work that is similar to that which you will be performing.

It is important to note that a bachelor’s degree or higher (such as a master’s degree) is the absolute minimum for entry into the proposed position;

The degree requirement commonly used within the industry in parallel positions among similar organizations or the duties of the positions are meant to be so complex that only a person with the proper degree can perform them

The nature of these specific duties is so specialized and complex that the knowledge required to perform the duties is, for the most part, associated with a bachelor’s degree

Your US employer will normally require a degree for the position that is offered

It is essential to have the correct background to apply for the job offered

Where a degree is not usually required for an occupation, an H-2B Work Visa may also be appropriate.

Steps Required For The H-1B process:

The hiring company is required to file a Labor Condition Attestation (LCA) with the United States Department of Labor (DOL).

The Labor Condition Attestation contains all the information regarding the nature of the job, including the number of foreign workers hired by the employer as well as their wages.

The Labor Condition Attestation also contains a promise that ensures that foreign nationals will be paid the higher of the prevailing wage or the actual wage paid to similarly employed workers. It will also state that there are no lockouts or strikes involving jobs to be filled by a H-1B worker and that the employer has provided notice of the filing to either the labor union or have posted the notice in a conspicuous place for other workers to see.

Let Our Team Help You Handle This Confusing Process

In our security-conscious world, the immigration process is becoming increasingly more challenging. Our job is to make sure you file the proper paperwork for the proper type of visa.

We can also help you assess your situation. This consultation will help you better understand your situation and how to best move forward in the future. As we only handle immigration law, all our resources are dedicated to giving your application the personal care it deserves.

Our Los Angeles office has a proven track record for handling US and Canadian immigration cases with success. Contact us to have all your questions answered.

Our US immigration lawyers are fully licensed and ready to help you right now.

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Employer’s Petition

This is an application in which the employer files the H-1B Visa Petition with the INS Service Center in the United States.

Application

Upon approval, the application is filed by the foreign national to the United States Consulate. If you are Canadian, you may be able to go to a US port of entry with the approved petition in hand to be admitted.

Processing Times for H-1B

Processing times can range anywhere from 9 to 14 weeks. The exact time is determined by the INS service Center in charge of your case.

Duration of H-1B Status

An H-1B visa can be issued for a period of up to six years. That being said, the INS typically issues the visa for a period of three years. Anyone in need of an extension must file their application after the three year period which requires a new Labor Condition Attestation.

Let Our Years of Experience Help You With Your H-1B Visa Application

When you contact us, you can get first hand advice on your options and opportunities. From there, we can answer your questions and explore the best path to take. All you have to do is pick up the phone or contact us online.

Click Here to be put in touch with one of our experienced immigration lawyers today!