The H-1B visa is an employment-based visa for foreign workers holding specialty occupations. This is an employer-sponsored visa, and there is a cap to the number of H-1B visas issued every year. Employers need to complete the necessary formalities on behalf of the hired employees within given deadlines. Many companies prefer to work with attorneys specializing in visa and immigration matters. Working with a reliable and known Dallas Business Immigration Lawyer can help an employer in sorting the H-1B visa process. For both employees and employers, here are some basic facts and details related to the H-1B visa.
Requirements at a glance
There are two important requirements to get the H-1B visa-
- The employer must demonstrate that there was a need for a worker in specialty occupation.
- The concerned employee has the required degree (at least a Bachelor’s) in the same subject related to the profession.
Employers must also pay the prevailing wage to the hired foreign worker.
How does the application process work?
The employer is first required to file the “Labor Condition Application (LCA)” with the USCIS, and that can take a few months. There is an option for premium processing, which allows the petition to be processed within 15 days. Note that not all H-1B petitions will be accepted. There is a cap to how many H-1B visas are issued every year. The cap is 65,000, and there are 20,000 spots reserved for qualified people, who have completed their master’s degree from a university in the US. Note that the USCIS selects between petitions on basis of a random lottery. Those with a master’s degree may have a better chance of getting a H-1B visa.
Hiring an immigration attorney
The key reason to consult an immigration attorney is to tide through the comprehensive process. Attorneys know how the immigration process works, and they will ensure that the extensive paperwork is done correctly, so that petitions are not rejected for minor issues. Businesses that need to file for multiple petitions in a given year can benefit hugely from working with immigration attorneys. This is especially because visa requirements, laws, and regulations are subject to change. Also, it is much easier to understand various aspects that can influence how a company hires foreign workers.
With an immigration lawyer, it is easier to track every single detail, and businesses can focus on doing what matters – Doing business and hiring the right people.