The H-1B visa is a nonimmigrant work visa that allows employers in the United States to hire qualified foreign workers. Before an H-1B visa petition can be approved, both employers and employees should satisfy specific criteria. An experienced H-1B Attorney in Dallas can help employers and employees secure the H-1B visas they need.
Basic Requirements that Must be Met
The Immigration Act of 1990 created the H1B visa program that lets foreign nationals work in a specialty occupation for up to six years. Sometimes the visa can be extended beyond this period; however, foreign nations need to live outside of the United States for a year to regain eligibility for an H1B visa. A foreign national can qualify for this visa if they meet educational requirements, and will be employed by a U. S. employer in a specialty occupation. A bachelor’s degree is normally the basic requirement for anybody to take the job. The worker must also hold an unrestricted state license, certification, or registration that lets them practice the occupation. They need to be able to engage in that specialty right away. Those who don’t have a degree need to have education, progressively responsible positions related to their specialty, or specialized training.
What is the Obligation of the Employer?
Employers who want to petition a foreign worker under an H1B visa should file a Labor Condition Application with the U. S. Department of Labor. They agree to pay the H1B employee equal to or higher than the prevailing wage for their occupation in the geographic area of their employment, provide them with benefits on the same terms as U. S. employees are offered, make sure employment of the foreign worker does not adversely affect working conditions of U. S. employees, and offer the foreign worker the same working conditions as U. S. employees. The employer should also notify the USCIS of any material changes in the H1Bterms and conditions of the worker’s employment.
Why Hire a Business Immigration Lawyer?
For employers who are petitioning for an H1B worker for the first time, the processes involved in the application require significant preparation, compliance, and accuracy. Any issues with these processes can lead to failure or a significant waste of effort. Because of the complexities of the application process, employers must work with a reliable immigration attorney who has experienced in the successful handling of this kind of visa application. The lawyer understands the process and saves clients both time and headaches in going through complicated bureaucratic procedures.
