H-1B Visas

For many nonimmigrants, H-1B visas and the process that surrounds them are absolutely critical to their legal status. These visas allow certain foreign workers to come to the United States and work for a period of up to six years.

Not only are they important for visa holders, but they are equally important for their families. H-1B visa holders can bring their spouses and children with them,. However, if the H-1B visa holder loses their job or their employer terminates their employment, they are required to leave the country unless they can find a new employer who is willing to sponsor their H-1B visa. They are afforded a 60-day grace period in which to leave the country or find a new employer who is willing to sponsor their H-1B visa. This, in turn, can mean that their entire family is forced to uproot and leave as well.

H-1B Visa Assistance From an Experienced Immigration Attorney

If you are a foreign worker seeking employment in the United States, you need an experienced immigration law firm to guide you through the complex visa application process. With constantly changing immigration laws and regulations, it's essential to have our knowledgeable and dedicated legal team at MVP Law Group on your side.

Contact us today to schedule a consultation with our experienced H-1B visa attorney, who will provide you with personalized and effective legal representation to help you achieve your immigration goals. Don't wait, let us help you navigate the H-1B visa process and take the first step toward your successful employment in the United States.

What Is an H-1B Visa and Who Is Eligible?

An H-1B visa is a non-immigrant visa that allows foreign workers to work temporarily in the United States in a specialty occupation that requires the attainment of at least a bachelor's degree and a high degree of specialized knowledge. This visa program is designed to help U.S. employers find skilled workers to fill positions in fields such as:

• Science, technology, engineering, and mathematics (STEM)

• Information technology (IT)

• Systems analysts

• Finance and Accounting

• Investment analysis

• Architecture

• Medicine and healthcare

• Education and teaching

• Business and management consulting

• Marketing and advertising

• Law

• Research and development (R&D)

• Nonprofit organizations

These fields are typically in high demand, and U.S. employers often struggle to find qualified workers domestically. The H-1B visa program provides a way for U.S. employers to fill these specialized positions with highly skilled workers from around the world. However, it's important to note that the H-1B visa program has annual caps on the number of visas that can be issued, which makes the application process highly competitive.

How Does the H-1B Visa Program Work?

Obviously, because an H-1B visa is so important for many nonimmigrants, the program itself is competitive and can be very stressful. Thus, understanding how the program works can help those applicants that want to make sure they have a better idea of what to expect. Here's an overview the H-1B visa program works:

• Employer sponsorship - To apply for an H-1B visa, the employer must sponsor the foreign worker by filing a petition with the U.S. Citizenship and Immigration Services (USCIS). The petition must include detailed information about the employer, the position, and the foreign worker's qualifications.

• Labor Condition Application (LCA) - The employer must prepare and submit a Labor Condition Application (LCA) detailing the offered wage, prevailing wage, location of employment, job title, dates of employment and other employer attestations to the U.S. Department of Labor (DOL) to ensure that the foreign worker will be paid the prevailing wage for the position based on industry standards and geographic location. Upon review, the DOL will certify the LCA within 6-7 business days of submission.

• Visa application - Once the petition is approved by the USCIS, and if in the United States, the foreign worker can begin working for the new employer; if the foreign worker is abroad, the foreign worker must apply for an H-1B visa at a U.S. consulate or embassy in their home country. The foreign worker must provide proof of their qualifications, such as education and work experience.

• Visa approval -. H-1B visas are typically issued for an initial period of up to three years and can be extended for a maximum of six years.

As you can see, the H-1B visa program is subject to various regulations and policies, so it's essential to have the guidance and support of an experienced immigration attorney to navigate the process successfully.

Common Issues With H-1B Visas

While the H-1B visa program provides a valuable opportunity for employers to fill specialized positions with highly skilled foreign workers, there are several common issues that applicants may face during the application process. Here are some of the most common issues with H-1B visas:

• H-1B visa cap -  There is an annual cap on the number of H-1B visas that can be issued, and the demand for these visas is typically much higher than the supply. This means that applicants must annually compete for 85,000 visas. When applicants exceed the number of available visas, a lottery program is then initiated to fill the spots.

• Lottery process - When the number of H-1B visa applications exceeds the annual cap, a lottery system is used to randomly select the number of petitions needed to meet the cap. The lottery is conducted by the United States Citizenship and Immigration Services (USCIS) and is typically held in March of each year. The H-1B visa lottery is a highly competitive process, with a much larger number of applications than available visas. As a result, many qualified applicants are not selected in the lottery and must wait until the following year to reapply.

• Job requirements -  The position for which the foreign worker is being hired must meet certain job requirements, including at least the attainment of a U.S. bachelor’s degree or its equivalent and experience. If the position does not meet these requirements, the visa application may be denied.

• Employer compliance -  Employers must comply with various regulations and requirements to participate in the H-1B visa program, including paying at least the prevailing wage, maintaining accurate records, and adhering to employment laws. Failure to comply with these requirements can result in penalties and disbarment from the program.

• Visa denial -  Even if the application is submitted correctly and meets all requirements, there is still a chance that the visa application may be denied. Common reasons for visa denial include insufficient evidence of specialized knowledge or qualifications, discrepancies in the application materials, and concerns about fraud or misrepresentation.

Navigating these issues can be challenging, and it's essential to have the guidance and support of our team to ensure a successful H-1B visa application.

How Can Our Firm Help You With an H-1B Visa?

Needing an H-1B visa is, obviously, extremely important to you. Not only does your livelihood depend on it, but so too does your access to all the opportunities and stability that working and living in the United States provides.. Thus, our immigration firm can provide valuable assistance throughout the H-1B visa process. Here are some of the ways we can help:

• Determine eligibility -  First and foremost, our firm can assess your qualifications and determine whether you meet the eligibility criteria for an H-1B visa, such as possessing a bachelor's degree or higher in a specific field.

• Assist with the application -  With our team’s experience, we can prepare and file the necessary paperwork for the H-1B visa, such as the labor condition application (LCA) and the Form I-129, Petition for Nonimmigrant Worker, with USCIS.

• Communicate with USCIS -  Our firm can communicate with USCIS on your behalf, answer any questions they may have about your application, and resolve any issues that may arise.

• Help with the interview -  If you are required to attend an interview at a U.S. consulate or embassy, our immigration firm can provide guidance on what to expect and how to prepare.

• Provide ongoing support -  Once you decide to work with our team, we can provide ongoing support throughout the H-1B visa process, including helping you with any amendments, necessary extensions, USCIS site visits, changes of employer, and transitioning to permanent residency.

Overall, our experienced and dedicated team can offer valuable expertise and guidance throughout the H-1B visa process, helping to ensure that your application is filed correctly and your case is presented in the best possible light to USCIS.

Contact MVP Law Group Today

At MVP Law Group, we know how important your H-1B visa status is. We focus on helping clients navigate the complexities of the U.S. immigration system, and we are here to help you with your H-1B visa application. Our team will provide you with a personalized consultation, assess your eligibility, and provide guidance on the best course of action. Do not navigate the H-1B visa process alone. Contact us today and take the first step toward obtaining your H-1B visa.