H 1B Visa Lawyers Providing Assistance For Foreign Professionals to Obtain Nonimmigrant Visas
H-1B visas are designed to allow U.S. employers to hire qualified foreign workers with specialized skills to work within the United States for a specific period. In most instances, foreign nationals must possess higher education with at least a bachelor’s degree or foreign degree equivalent to be considered for an H-1B visa.
Additionally, in most instances, the nonimmigrant worker must have a specialty occupation that pertains to technology, finance, engineering, medical sciences, or architecture. An H-1B visa is usually valid for up to three years.
Even though U.S. employers can significantly benefit from the knowledge and experience that foreign workers can offer, there are strict immigration regulations that must be followed to qualify for the program.
If you are an employer or foreign national wanting to obtain an H-1B visa, contact SwagatUSA, LLC today to schedule a consultation with an experienced H-1B visa lawyer. We can discuss your needs and explore what options may be available.
What Are the Requirements to Obtain an H-1B Visa?
As stated, employers can bring qualified foreign workers to the U.S. to file for specific job roles. A specialty occupation requiring theoretical and practical application in one of the abovementioned fields could be considered for an H-1B visa.
Some other requirements include:
- A valid job offer from a U.S. employer in an approved specialty occupation.
- Proof from the potential employer that there is a lack of qualified U.S. applicants to fill the job roles.
If you are an employer interested in hiring qualified foreign workers, contact SwagatUSA, LLC, to learn more about specialty occupations. We can also advise you on how we can help you file a labor condition application to get the process started for H-1B visas.
What is the Process for Foreign Workers Obtaining an H-1B Visa?
One of the most crucial steps employers must take before filing a petition with USCIS requesting to hire foreign workers is ensuring that U.S. workers will not lose jobs in the process.
Potential U.S. employers must do the following before an H-1B visa application can be considered:
- Attest on the labor condition application (LCA), certified by the Department of Labor (DOL), that hiring a foreign national with an H-1B visa will not adversely affect U.S. workers’ wages or working conditions.
- Inform existing employees that the business intends to hire H- 1B workers.
Once the DOL has certified the labor condition application, the employer must complete several other government forms and provide documentation and any applicable fees. However, governmental research organizations are exempt from fees.
The prospective foreign worker must also provide evidence of their advanced degrees or other specialty occupations, a letter of support, confirmation of employment or job offer, and a filing fee.
In most instances, an H-1B visa is granted to a foreign worker for three years but may be extended for six years.
Is There a Cap on How Many H-1B Visas Can Be Issued in a Year?
The H-1B visa is in high demand. Unfortunately, immigration law limits how many can be issued each year. In 2023, H-1B visas will be capped at 65,00 per fiscal year. However, there are an extra 20,000 visas available for those foreign nationals who have a master’s degree issued from a U.S. institution of higher learning.
However, foreign workers seeking employment through higher learning institutions or government research are not subject to visa caps.
Suppose you are a foreign national who wishes to obtain a nonimmigrant H1 B visa. In that case, you must contact an experienced H-1B visa attorney who can provide the advice you need to gain employment.
Why Should I Choose Your Law Firm For Citizenship and Immigration Services?
SwagatUSA, LLC is an immigration law firm dedicated to helping individuals and businesses with legal services that can help build and strengthen U.S. businesses. If you are a foreign national with a higher degree or highly specialized knowledge of an approved field, you must take several legal steps to gain approval for an H-1B visa.
Our knowledgeable attorneys have a proven track record of obtaining H-1B visas in a timely manner and can provide advice in helping to speed up the processing time. SwagatUSA, LLC understands that it takes individuals worldwide to power our nation, and we are here and willing to help with your legal needs.