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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.
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.