H1B Visa Lawyer with Experience | Visa Requirements

Posted by Harry Tapias on August 31, 2016

H1B Visa Lawyer

Welcome to LOIGICA's blog about H-1B matters. In today’s blog I am going to explain the purpose of the H-1B visa and how to qualify.  Our law firm LOIGICA P.A. receives many calls each year from talented foreign nationals who wish to apply for an H-1B prior to the April 1 deadline. Unfortunately, many are unaware of the basic rules and requirements for applying and find themselves unable to apply by the deadline. Only 65,000 H-1B visas are available each year and 20,000 additional for H-1B candidates with U.S. Masters. But in recent H-1B filing periods more than 200,000 applications were filed greatly reducing the chances for H-1B candidates to be selected. That is why understanding the requirements and planning well ahead of the deadline with an immigration attorney is crucial.

Purpose of H-1B Visa

It is very important for both employers and foreign candidates to understand that the H-1B visa program is designed for the benefit of U.S. based-employers who wish to hire foreign workers in “specialty occupations” jobs. The U.S. government recognizes that U.S. employers need the specialized knowledge that the foreign worker can provide and therefore allow up to 85,000 thousands H-1B candidates in the U.S. each year. But because the right belongs to the U.S. employer, a foreign candidate cannot alone apply for an H-1B visa without having a job offer from the U.S. employer. As a result, the employer petitions the government and hires the immigration attorney to prepare the H-1B petition.

Qualifying for an H-1B

The H-1B candidate has a Bachelor’s or equivalent. In order to be eligible as an H-1B candidate, the foreign worker must have at least a Baccalaureate degree or higher. There are many talented foreigners, however, without a Bachelor’s who cans still qualify. Three years of work experience in a field can equal one year of education, so even if the candidate did not complete a Baccalaureate in a field related to the proposed specialty occupation job, he or she may still be able to qualify based on a combination of education and related work experience. Nonetheless, proving equivalent work experience to the USCIS can be very difficult. the help of an experienced immigration attorney is highly recommended to help develop the argument.

The H-1B candidate will be working in a specialty occupation.

The “Specialty Occupation” job requirement sounds ambiguous but can be met if the job normally requires a bachelor’s degree in a related field of study. The USCIS indicates that jobs in fields such as engineering, math, and business, as well as many technology fields, often qualify as a specialty occupation. Nonetheless, other fields can qualify so long as “specialty occupation” requirement can be proved by the employer. An experience immigration attorney can help prove that the job is a specialty occupation.

The H-1B candidate must be paid the Prevailing Wage.

An H-1B Worker must be paid the prevailing Wage in the form of a salary/wage. The prevailing wage is determined by the government using data from the U.S. Department of Labor. Many times the U.S. employer finds that the prevailing wage is too high for the business to pay, and abandons the H-1B application. By consulting with an experience immigration attorney, this issue can be prevented or overcome.

I’ve personally handled H1B cases and my law firm LOIGICA P.A. looks forward to helping your H1-B candidate application be successful. -Harry Tapias, Esquire

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Topics: H1B Visa