Office Locations
Proudly Serving Dallas & Houston.
H1B Visa Overview
The H1B visa is an employment-based, nonimmigrant visa that allows U.S. employers to hire qualified foreign workers. It is temporary and typically lasts up to three years, so its holder will not be granted permanent residence in the United States. However, an H1B visa can be renewed once, and holders can seek to adjust their status and obtain a green card and, eventually, citizenship.
Unlike family-based petitions and other employment-based immigrant visas, the employer initiates the H 1B visa application rather than the potential employee. Therefore, the employer and prospective worker must meet strict U.S.C.I.S. eligibility criteria and submit the required documents.
Hiring an immigration law firm or attorney can benefit the employer and potential employee and ensure the process runs smoothly.
Eligibility for an H1B Visa
According to the U.S. Citizenship and Immigration Services (U.S.C.I.S), the H1B immigrant classification covers people employed in the following classes:
- A specialty occupation
- Services of exceptional merit and ability related to a Department of Defense (D.O.D.) cooperative research and development project
- Fashion industry with recognized and distinguished abilities
Each of these three classes of workers has its unique requirements.
Specialty Occupations
A specialty occupation, according to the U.S.C.I.S., requires practical and theoretical knowledge in a highly specialized field as well as a bachelor’s degree or higher. Moreover, the job should meet one of the following criteria:
- It requires a bachelor’s degree or similar academic qualification at a minimum
- It is complicated, and only someone with a particular degree can perform it
- The employer requires someone with a specific degree for the open position
For foreign nationals to qualify to work under specialty occupation positions, they must have one of the following:
- A U.S. bachelor’s degree or higher from an accredited higher institution
- A foreign degree that is equivalent to a U.S. bachelor’s degree or higher from an accredited higher institution
- A state certification, license, or unrestricted registration that allows them to practice in the specialty occupation
D.O.D. Researcher or Development Worker
Jobs under this category must require a bachelor’s degree or higher for the employee to perform the job. Also, the employer must submit the petition along with a few documents, including:
- A verification letter from the D.O.D. research manager
- A description of the intended employee’s duties and date of employment
- A statement indicating the names and dates of employment of other noncitizen employees working on the project and those who left employment within the last year
Similar to specialty occupations, the eligibility criteria for the potential employee in this category include having at least a U.S. bachelor’s degree or its foreign equivalent from an accredited tertiary institution.
Fashion Model of Extraordinary Ability
Jobs under this category must specifically require a prominent fashion model. Furthermore, the fashion model must be renowned and be a person of distinguished ability.
H1B Visa Application Process
Step 1: Apply to the Department of Labor for a Labor Certification Application (L.C.A.), which you can fill out and file online. An L.C.A. is not required if hiring a D.O.D. researcher or development worker. This application ascertains that the employment meets the labor requirements, which include the following:
- The potential employee will receive the prevailing wage of people doing the same job with the same experience level or the prevailing wage paid to people who perform similar jobs within the intended geographic area of employment.
- The employer must have notified the office of their intention to file an I-129.
- There should be no strike, protest, or workplace lockout at the time of the application.
- Employment of the intended foreign national(s) must not harm the working conditions of the current employees.
Step 2: Once the L.C.A. is approved, the employer must submit it with form I-129 to the U.S.C.I.S. If approved, the employer will receive an approval notice. Then, the worker can apply for an H1B visa with the U.S. consulate or embassy in their country.
Step 3: The consulate will schedule the worker for an interview, and if it is satisfactory, they will be issued a visa. Upon arriving in the U.S., the border patrol admits the worker and their three-year visa limit begins to count. Upon expiry, they may extend it to a maximum of six years. However, some exceptions under the American Competitiveness in the Twenty-First Century Act may allow a longer extension.
H1B Visa Cap & Lottery System
The cap and lottery system for H1B visas is a mechanism used by the U.S.C.I.S. to limit the number of H1B visas granted each year and to select which applicants will be considered for these visas randomly.
The cap is the annual limit on the number of new H1B visas issued in a fiscal year. However, the demand for this particular visa often exceeds the annual cap, leading to the implementation of the lottery system.
A random selection process or’ lottery’ is conducted when the U.S.C.I.S. receives more applications than the nonimmigrant visas available during the first few days of the H1B filing period.
The lottery is carried out in two steps.
- All submitted petitions, including those eligible for the advanced degree exemption, are included in the initial selection process for the 65,000 caps.
- In the second step, any unselected advanced degree petitions are included in the selection process for the 20,000 additional visas.
In some cases, some H1B petitions are exempt from the cap, including those filed by higher education institutions, nonprofit organizations, and governmental research organizations.
Working With Your H1B Visa Lawyer
Navigating the issues related to immigration and visas could be challenging. It is better to get help from the specialized knowledge of an experienced attorney. Your attorney will help you from the legal fees submission step till the end to bring the best possible outcome.
How Can an Immigration Attorney Help?
Enlisting the legal services of an H1B visa lawyer is advisable because the H1B visa application process is complicated, and the eligibility requirements to get work permits can be tricky. A trained lawyer can provide you with the proper guidance throughout the process.
Furthermore, if you need to go to or already have a case in immigration court, you will need capable representation to increase the odds of winning your case. To hire an experienced and trained lawyer who offers immigration law services for your H1B visa process, contact the law office of Andrew T. Thomas, Attorneys at Law.
Frequently Asked Questions
What Is the H1B Processing Time?
Receiving a response to your H1B visa application typically takes a few months from the submission date — usually between three and six months. However, when filing the form I-129, the petitioner can pay for premium processing service to receive a decision within 15 days. To do this, the petitioner needs to file form I-907 with their petition and pay the required fee. However, this is the only part of the H1B visa process that can be sped up.
What Is the Cost of an H1B Visa?
The filing fee for form I-129 is $460. However, if the foreign worker has dependents, they may have to bear the costs of an H4 visa for each dependent, which costs about $410 per petition. For the premium processing service for the H1B visa, the petitioner will be charged $2500.
The visa stamp and attorney fees vary depending on the employee’s country of origin and the attorney hired.
Can an H1B Visa Holders Bring Their Family Along?
Yes, H1B visa holders can bring their dependents, i.e., spouses and minor children, along with them to the U.S. on an H4 visa. They can apply for this visa once the U.S.C.I.S. petition for nonimmigrant workers, form I-129, has been approved.
How Can an H1B Visa Holder Obtain Permanent Resident Status?
An H1B visa holder can obtain permanent resident status through employment-based immigration. They must have an employer sponsor them for a green card and go through the necessary steps of the employment-based immigration process, which includes obtaining a labor certification from the Department of Labor and filing form I-140 with U.S.C.I.S. Once their green card application is approved, they can obtain permanent resident status.
