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H-1B Visa Lawyer in Chicago

Assisting Qualified Foreign Workers Obtain Nonimmigrant Visas

An H-1B visa is among the most sought-after visas in the United States. This temporary nonimmigrant visa allows U.S. employers to hire qualified foreign workers for specialty occupations.

One reason these nonimmigrant visas are in such high demand is that the U.S. Citizenship and Immigration Services (USCIS) only grants 85,000 H-1B visas per fiscal year through a lottery system.

However, 20,000 H-1B visas are reserved for individuals with a master’s degree from a U.S. college or university. Others are set aside for foreign nationals from qualifying countries with trade agreements with the U.S.

Nevertheless, those with job offers from government research organizations or U.S. institutes of higher learning are exempt from H-1B visa caps.

If you are a U.S. employer or foreign worker who needs more information about obtaining an H-1B visa, contact the SwagatUSA LLC of Chicago, IL, and ask to schedule a consultation to learn more about our immigration legal services and how we can help.

What is the Purpose of an H-1B Visa?

The H-1B visa allows qualified foreign professionals to work in the U.S. for a limited period. Foreign nationals must possess specialized skills or extraordinary ability and are typically issued for employment fields that deal with engineering, technology, and finance.

A nonimmigrant worker with an H-1B visa can initially work in the U.S. for up to three years. However, even though the H-1B is a temporary visa, it may be extended for a maximum of 6 years.

Nevertheless, any time foreign workers spend outside the U.S. does not count against them.

Be that as it may, the rules that govern non-immigrant visas can be overly complex and confusing. For this reason, anyone with questions concerning the purpose of an H-1B visa and rules regarding traveling in and out of the U.S. must always consult an experienced immigration lawyer.

Contact our Chicago law office to schedule a meeting with a qualified legal team member who will gladly answer your questions.

What are the Eligibility Requirements to Obtain an H-1B Visa?

Foreign nationals who have been offered job offers on a temporary basis by U.S. employers must meet specific qualifications to obtain an H-1B visa.

Although there are several eligibility requirements to obtain an H-1B visa, one of the basic minimum requirements is that the applicant holds a bachelor’s degree. However, depending on the job in question, the foreign worker may be required to hold a master’s degree or Ph.D.

However, holding a bachelor’s degree does not automatically qualify a foreign national to try and obtain an H-1B visa. Some other qualifications include:

  • Specialty occupations: A job in which a foreign national uses the theoretical and practical application of a body of highly specialized knowledge related to the employment position being offered.
  • Employers wishing to hire foreign professionals must obtain a Labor Condition Application (LCA) from the Department of Labor (DOL) before filing the petition.
  • Additionally, employers who wish to hire a prospective employee must provide documentation to the U.S. Department of Labor (DOL) regarding the job offer and that it will pay the applicant a prevailing wage or actual wage, whichever is greater.

If you are an employer or foreign national who needs further clarification about specialty occupations or what is necessary to meet other eligibility requirements, contact SwagatUSA LLC immediately.

Can an H-1B Visa Holder Apply for a Green Card?

One of the benefits of an H-1B visa is that even though it is considered a nonimmigrant visa, qualified individuals may apply for a green card. Because the H-1B visa is also a “dual intent” visa, a foreign national can apply for and obtain a green card without worrying that it will affect their H-1B visa status.

Foreign workers are eligible to apply for a green card once they reach the 6-year mark, the maximum amount of time they are permitted to stay in the U.S. on an H-1B visa.

However, certain exceptions to the 6-year rule allow H-1B visa holders who are in the process of obtaining a green card to apply for extensions in one-year increments.

Individuals who hold an H-1B visa typically apply for a green card through employment. However, because immigration laws constantly change, H-1B visa holders and their family members who wish to obtain a green card must hire an experienced immigration attorney who can guide them through the complex legal process.

Because applications to obtain permanent residence or a green card must be completed in a timely manner, it is always wise to consult with an immigration lawyer who has the experience needed to ensure your legal rights are protected.

What Makes Your Law Firm the Best Choice to Help Me With Citizenship and Immigration Services?

SwagatUSA LLC has a proven track record of being able to assist clients, employers, and foreign nationals with advanced degrees who wish to obtain H-1B visas.

Our immigration lawyers can advise on what counts as a specialty occupation, how premium processing may work to your advantage, and the legal fees involved in obtaining an H-1B visa.
We can also explain the American Competitiveness in the Twenty-First Century Act (AC21) that allows H-1B visa holders to change employers.

Finally, our legal team can also help you explore other immigration options that may suit your needs, depending on the circumstances of your case.

For your convenience, our team of legal professionals is fluent in several languages, and we offer flat fee pricing for our immigration services.

Our immigration law firm has extensive experience helping employers and foreign workers obtain H-1B visas and would be honored to assist you.

Contact SwagatUSA LLC of Chicago, IL, at 312-854-7065 and ask to schedule a consultation with a knowledgeable immigration attorney who can answer your questions and determine your legal options.