Thousands of skilled workers are granted temporary visas under Section H-1B of the Immigration and Nationality Act. Legislators included Section H-1B in the act to help American businesses grow by hiring foreign workers with skills primarily in science, technology, engineering, or mathematics (STEM). Since the American workforce does not include enough STEM graduates, many companies rely on H-1B to expand their operations.
Individuals that are hired by employers for a special occupation can petition for temporary status under H-1B. If you are an employer or foreign worker, Naperville H-1B visa lawyers may be able to help you through the process. A skilled attorney could determine if you or your future employee meets the requirements in the act.
Workers qualify if hired for a specialty occupation. Section 214(i)(1) of the INA requires that each individual be skilled in a particular subject matter. The applicant must also have a four-year degree or present evidence implying that the applicant has experience equivalent to a four-year degree in the field. The service will look at the totality of the evidence provided by the applicant to determine if the foreign worker’s experience is sufficient.
According to 85 FR 63918, an applicant’s experience and education must be directly related to the position’s duties. Applicants must have a degree relevant to the job they are hired for. For example, under the federal rules, the duties of a statistician would not be directly related to a degree in physics. Naperville attorneys would follow any changes to the H-1B visa laws closely.
Under H-1B, foreign models and Department of Defense (DoD) researchers can also apply for temporary status. The section requires that models achieve a requisite level of fame and experience. DoD researchers include those foreign workers employed by the DoD and foreign workers hired by a company collaborating with the DoD on research projects.
Temporary workers under H-1B can bring individual family members with them if they file the appropriate paperwork. Spouses and children under 21 that are not yet married may seek temporary status. Those seeking to bring family members to the United States should review the requirements enumerated by the United States Citizenship and Immigration Services (USCIS). Unfortunately, fiancés do not qualify for admission with an H-1B visa holder. It might make sense to seek the assistance of a visa attorney in Naperville before submitting applications.
There is still a need for skilled foreign workers in the United States. Employers should take advantage of H1-B to expand their businesses and fill in voids in the American workforce. If you are interested in hiring foreign workers under H-1B, Naperville H-1B visa lawyers have experience in the field and will work hard to help you with the process.
Consider the complexity of H-1B and the tedious nature of the application process. Employers should consider seeking assistance from qualified H-1B visa lawyers. The new rule 85 FR 63918 will be effective in December of 2020 and may result in changes to the law that applies to temporary foreign workers. To stay abreast of the new rule and the resulting changes, seek help from an attorney.