What You Should Know About Getting an H-1B Visa

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H-1B visa

If you are a United States employer looking to hire a foreign worker, please read on, then contact one of our experienced H-1B visa lawyers in New York City to learn what you should know about getting an H-1B visa.

What is an H-1B visa and who is it for?

An H-1B visa is a nonimmigrant work visa that allows United States employers to hire foreign workers for specialty jobs that generally require a bachelor’s degree or equivalent. This can include occupations in fields such as, but not limited to, the following:

  • Information technology
  • Finance
  • Engineering
  • Architecture

An employer looking to sponsor an employee on an H-1B will need to establish:

  • You are a United States employer offering a role that requires specialized knowledge
  • That the applicant has a bachelor’s degree or equivalent in a field related to the offered role

Once obtained, the H-1B visa will have a cumulative maximum duration of 6 years.

How do you obtain an H-1B visa?

In the United States, an employer initiates the H-1B work visa process. The steps that employers need to go through to file a petition on behalf of a foreign worker are as follows:

  1. Submit a Labor Condition Application (“LCA”) for certification with the Department of Labor (DOL).
  2. Prepare an I-129 petition to file with the United States Citizenship and Immigration Services (USCIS).
  3. Submit the forms and supporting documents related to the position, company, and applicant.
  4. Wait for the review from USCIS.

The amount of time required to obtain H-1B status for a potential employee varies according to the circumstances at the particular employer, DOL and the USCIS. The total processing time at DOL including prevailing wage determination, if necessary, and USCIS processing can take as long as 6 to 7 months or longer. That said, you should reach out to a skilled work visas lawyer to discuss your next steps.

How can a work visas lawyer help you?

With over 65,000 new H-1B visas provided each year by USCIS and thousands of other individuals in H-1B state or subject to the H-1B cap, there are easily hundreds of thousands, if not millions, of searches for an H-1B visa. While not all H-1B nonimmigrant visas, or status visas, are subject to this cap, there is a lot of competition for a relatively limited number of visas. A competent immigration lawyer will know the ins and outs of this process in order to maximize an employer’s chances of success. This process can be time-consuming and convoluted, so let us handle the legal work. Please give us a call today.

Contact our experienced firm

The award-winning Lightman Law Firm, founded by Douglas Lightman, has extensive experience in immigration law and international matters through both work and personal experience. With offices in Fairfax, VA, New York, New York and Jersey City, NJ, our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Lightman Law Firm and schedule your initial consultation today.