An H-1B visa offers a foreign professional the opportunity to work in the United States in positions that cannot be filled by American citizens. Many different professions could qualify as long as the employer cannot identify qualified professionals domestically.
If your company intends to petition on a foreign professional’s behalf, now is the time to speak to a dedicated visa attorney. There are options available, but pursuing this process alone can lead to costly mistakes. Let an H-1B visa lawyer review your situation and help with the next steps.
The H-1B visa is designed to allow American employers to bring in specialized professionals from other countries. It is a nonimmigrant visa, meaning it does not provide applicants with a path to citizenship. Strict eligibility requirements apply.
To qualify, an applicant must have a bachelor’s degree or foreign equivalent. They must also have a valid job offer from a company in the U.S. This offer cannot be for any position; it must be a job that requires specialty knowledge that the applicant is qualified to perform.
There is also a cap on the number of visas issued each year. While there is tremendous demand for foreign professionals, due to this cap, even qualified professionals are not guaranteed entry to the U.S. for work purposes. These caps are also a political issue, making them susceptible to sudden and unexpected changes. An attorney can provide insight into the current state of the H-1B visa cap.
Unlike many programs, the H-1B visa process does not start with a nonimmigrant filing a petition on their own behalf. Instead, the first step is for the prospective employer to submit a Labor Condition Application to the Department of Labor. This is to certify that the employer will pay a foreign resident the same wage as a U.S. citizen, among other things.
Once the certification has been submitted, the next step requires the employer to submit the visa application to United States Citizenship and Immigration Services. At this point, the foreign resident will need to provide any requested documents and sit for an interview before a visa is granted. A skilled legal counsel could help an employer navigate the H-1B process for their employees.
When a person secures an H-1B visa, they can bring immediate family members with them. The holder can sponsor their own dependents, which primarily includes their current spouse. It is also possible to bring any children who are unmarried and under the age of 21.
These family members do not qualify for their own H-1B visa. Instead, they are eligible for H-4 nonimmigrant status. This allows them to live in the U.S., but that right only lasts for as long as the original visa holder is authorized to live and work in the U.S.
Most H-4 dependents are not authorized to work in this country. However, some limited exceptions may allow a spouse to work. An H-1B visa attorney can answer questions about when working is an option for dependents.
The H-1B visa program is an opportunity for American companies to get the support they need and for foreign professionals to continue their career in the U.S. The process may be difficult, but an H-1B visa lawyer can help. Call today for a private consultation.
