Temporary immigrant workers have several different avenues to obtain lawful employment in the United States. Section 101(a)(15)(H)(i)(b) (H-1B) of the Immigration and Nationality Act (INA) covers temporary specialty workers seeking employment in the United States. Employers petitioning on behalf of H-1B specialty workers should understand the INA requirements and regulations with the help of a knowledgeable attorney before applying.
Section H1-B focuses on a small class of individuals that fulfill employers’ needs for skilled workers in the United States. Skilled workers will usually have a bachelor’s degree or an equivalent. Employers seeking to hire workers under H-1B should consider contacting a Oak Brook H-1B visa lawyer to understand the applicable laws. To learn more, schedule a consultation with a trusted employment visa attorney today.
Section H-1B of the INA requires that each applicant has a four-year degree or an equivalent. Applicants can demonstrate equivalence in several ways. The service will examine the individual’s experience and education to make a final determination. H-1B visa lawyers can parse through the law regarding equivalence and define the requirements set forth under the INA and associated regulations.
Specialty occupations are but one of three categories of employees that qualify under the act. Temporary immigrant workers who are working with the Department of Defense can be eligible. Models that have the requisite level of skill and fame may qualify as well. A knowledgeable attorney in Oak Brook could analyze a special occupation and examine the regulations to determine whether a particular foreign national would be eligible for an H-1B visa.
The H-1B cap is 65,000 visas for general applicants, with an additional 20,000 visas for applicants with a master’s degree or higher. While USCIS only denied several applications in recent years due to the cap, employers need to know that a cap is in place. An H-1B visa attorney in Oak Brook could be able to determine whether the cap is relevant in a given situation.
Under H-1B, employees may remain in the United States for up to three years. USCIS may grant extensions, but most applicants may not stay in the United States for more than six years. Some exceptions to this rule exist, and an H-1B visa attorney could identify which exceptions are relevant.
Spouses and unmarried children that are not 21 years of age may apply under the H-4 nonimmigrant classification. If the individual was granted temporary status under H-1B and began employment, that individual’s spouse may apply for work authorization under form I-765.
Employers in the United States rely on skilled foreign workers, and many companies hire dozens of non-citizens to fill in essential positions. Since the number of visas under H-1B is limited, employers should seek the help of an Oak Brook H-1B visa lawyer for guidance.
The INA and associated regulations are lengthy and convoluted. A visa lawyer may be able to help you get through the application process and understand the relevant law. Whether you are a small business or a firm with hundreds of employees, the process of petitioning for skilled foreign employees does not have to be exacting. A licensed attorney can walk you through the process and offer legal guidance. Reach out today to learn more.