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H-1B Visa Lawyers for Employers
What is H-1B Visa?
The H-1B visa provides the opportunity for foreign professionals to work in the United States. It allows employers to hire qualified foreign workers in the U.S. in specialty occupations on a temporary basis. The foreign professional has the possibility to obtain a U.S. position based on his/her acquired skills.
In order to be eligible for the H-1B Visa, the U.S. employer and potential employee are obligated to adhere to the USCIS conditions and regulations.
The H-1B visa requirements strive to ensure that the U.S. employer and foreign professional comply with the Department of Labor standards. A major part of this compliance is filing for a Labor Condition Application (LCA).
H-1B Visa Process
Once the USCIS approves the H-1B petition filed by the employer, the foreign worker can then get the H-1B Visa stamped at a U.S. embassy abroad or change status if he/she is already present in the U.S. The H-1B visa is granted for an initial 3 years period unless listed as a Chile or Singapore national. There are additional H-1B Visa requirements that must be followed by both petitioner (employer) and beneficiary (employee).
The H-1B visa process involves two major factors: the sponsorship by a U.S. employer and petitioning with the USCIS. The applicant must have a U.S. employer to start the process. When the potential H-1B holder finds a U.S. employer who is eligible and willing to file an H-1B visa on his/her behalf, the employer must receive a labor certification application and submit an H-1B petition to the USCIS.
If the petitioner is obtaining attorney representation or H-1B lawyer, the petitioner must file a G-28 form. The G-28 should have all sections of the form completed. This entails a signature and printed name of the attorney and the signature of the petitioner.
The U.S. employer is required to submit Form ETA-9035 (Labor Condition Application). The Labor Condition Application is mandated to be filed online through the Department of State’s iCert Portal System.
The employer must have received an approval of the Labor Condition Application before filing the I-129 form. After approval, the employer is obligated to file a Form I-129 (Petition for a Nonimmigrant Worker), filing fee, supplementary documentation, and the approved Labor Certification Application.
The I-129 must have a completed H Classification supplement which is located on pages 11 and 12 of the form.
The petitioner is required to ensure proper completion of the H-1B Data Collection and Filing Fee Supplement. H-1B Data Collection and Filing Fee Supplement is on pages 17-19 on the Form I-129.
H-1B Visa Requirements
The US employer must be able to justify the exclusive need for this foreign worker/visa holder and prove that the task cannot be accomplished by a local citizen who may either be unavailable or not qualified, either academically or professionally.
Every fiscal year, the H-1B visa is limited by an annual cap of 65,000 visas. However, there are some applicants that are exempt from the cap. Beneficiaries with a U.S. masters degree or higher are exempt from the cap if it is filed among the first 20,000 petitions available.
Also, if the H-1B worker is employed or petitioned on behalf of an institute of higher education it is not subject to the H-1B cap. Related nonprofit entities, nonprofit research, and government research organizations are H-1B cap-exempt.
The spouse and unmarried children of the H-1B visa holder have the option of admission through the H-4 visa. However, members on the H-4 visa are not authorized to work in the United States.