Your company wishes to hire a foreign worker to work in a ‘specialty occupation’ and the foreign worker requires a work visa.
Does the Foreign worker Qualify for an H-1B?
In order to qualify for an H-1B visa the U.S. employer must hire a foreign worker to work in the United States temporarily in a ‘specialty occupation’. The term ‘specialty occupation’ is defined as requiring a theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree (or its equivalent) as a minimum for entry into the occupation.
How Does the Foreign worker Acquire an H-1B Visa?
The U.S. employer files an H-1B petition, certified Labor Condition Application and a letter in support along with required documentation with the USCIS Service Center. Once the H-1B petition is approved by the USCIS, it is forwarded to the United States consulate nearest the foreign worker’s foreign residence. The United States consulate conducts an interview and issues the foreign worker an H-1B visa initially valid for 3 years. The United States consulate also issues an H-4 visa to any spouse and minor (under 21 and unmarried) child(ren) of the foreign worker. Upon issuance of the H-1B and H-4 visas, the foreign worker, spouse and any child(ren) may enter the United States. If the foreign worker, spouse and any child(ren) are already in the United States in valid status (H-1B, H-4 or other legal status) then the foreign worker may begin employment upon issuance of the USCIS approval and the spouse and child(ren) may remain.
The H-1B visa process is complicated and time-consuming. We suggest the retention of an experienced immigration attorney well versed in the complexities of the process. The attorneys at CLG can efficiently guide you through each step of the process with the end goal of obtaining the H-1B visa as quickly as possible.