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Foreign Nationals (H-1B Visa)

What is the H-1B Visa?

The H-1B Visa is a non-immigrant visa that allows foreign nationals to accept professional assignments with U.S. employers. There is an annual numerical limitation of 65,000 for H-1B visas, with an additional 20,000 H-1B visas for foreign nationals holding U.S. advanced degrees.

H-1B Visas allow for US companies to employ graduate level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc. H-1B visas are granted for three years, but may be extended to a maximum of six years. Dorsett & Zapata, PLLC can help make these benefits a reality for both workers and employers by providing assistance with the H-1B visa process.

Requirements for an H-1B Visa

H-1B Visas are available only to foreign nationals to be employed in specialty occupations. A specialty occupation is one that requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor's degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.

An H-1B visa may be obtained only if:

The United States employer proves a need for a specialty worker as the minimum requirement for taking up the job on offer. The employee needs to have the degree or its equivalent that qualifies them for this position. The employer then needs to obtain an approved Labor Conditions Application affirming relevant wage and working conditions and a list of other conditions as well.

The U.S. employer demonstrates that conditions for the Labor Conditions Application attestations are met, both when initially obtaining the visa and on an ongoing basis. Dorsett & Zapata, PLLC can provide guidance to businesses and employees throughout this entire process.

How an Immigration Lawyer Can Help With an H-1B Visa

An immigration lawyer at Dorsett & Zapata, PLLC can provide comprehensive advice on legal requirements for an H-1B visa and can offer assistance with forms, paperwork, and documentation. We can also offer advice on extensions of the H-1B visa, petitions for dependents of H-1B visa holders, portability of the H-1B if the employer changes, and future petitions for a green card if eligible. Give us a call today to find out more.