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Employer/H1B
As the United States remains an attractive destination for individuals seeking employment opportunities, navigating the intricate immigration process, particularly for H-1B visas, demands careful consideration. The H-1B visa caters to professional workers with a minimum of a bachelor’s degree or equivalent work experience, making the selection of the right H1B lawyer pivotal for a successful visa application.
Why Opt for an H-1B Visa?
H-1B visas offer a multitude of benefits, including an initial validity of 3 years extendable up to 6 years. Furthermore, this visa allows the spouse and children under 21 to accompany the H1B holder and pursue education in the U.S. The visa also permits flexibility in employer changes without numerical limitations and falls under the category of visas allowing ‘dual intent,’ facilitating the pursuit of U.S. permanent residency.
Employers are essential stakeholders in the H-1B process, as they have the authority to file for the employee’s U.S. permanent residency. This involves intricate procedures such as the Labor Certification through the PERM process and the subsequent I-140 procedures.
Qualifying for an H-1B Visa
To qualify for an H-1B visa, the U.S. employer must demonstrate the need for a specialized skill set in a “specialty occupation.” This typically includes professions like architects, engineers, lawyers, physicians, and more. The foreign national must possess the requisite degree or equivalent work experience and be selected in the H-1B lottery system, with an annual cap of 85,000 visas.
If uncertainties persist regarding eligibility, seeking guidance from an experienced H1B lawyer is strongly recommended.
Application Process for H-1B Visa
The H-1B application process has undergone changes, with a new registration system in place. Employers must submit preliminary registrations from March 1 to March 20, followed by the filing of necessary forms with the assistance of an H1B lawyer. This includes the submission of form ETA 9035 (Labor Condition Attestation) and form I-129 with USCIS.
H1B Visa Requirements for Employers:
For employers, a valid U.S. entity and a bona fide employer-employee relationship are prerequisites. The position offered must qualify as a “specialty occupation” requiring at least a 4-year bachelor’s degree or its equivalent.
H1B Beneficiary Requirements:
H-1B beneficiaries (workers) must meet specific criteria, including holding a U.S. Bachelor’s degree, equivalent foreign degree, state license, or possessing expertise through relevant experience.
An experienced H1B lawyer can offer valuable assistance throughout the application process, ensuring compliance with evolving regulations and increasing the likelihood of a successful outcome.
For comprehensive support with the H-1B Visa process, contact our experienced H1B Lawyer at the Houston office of Calderon Legal Group. Call us at 832-261-550. We also provide online or phone consultations for clients unable to meet in person. Trust Calderon Legal Group to guide you through the intricacies of immigration law in Houston with professionalism and expertise.
