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H - 1B Work Visa

Orange County H-1B Work Visa Attorney

H-1B Work Visa Immigration Lawyer, Orange County

An H-1B Visa is a non-immigrant visa that allows an alien who has been offered a job by a U.S. company to come to the U.S. to temporarily perform services in a specialty occupation. A specialty occupation is a profession that “requires the theoretical and practical application of a body of highly specialized knowledge” and requires a bachelor’s degree (or its equivalent) or higher for entry into that specific profession. Examples of specialty occupations include engineering, business specialties, accounting, medicine, and law.

An H-1B visa allows an alien to stay and work in the U.S. for an initial period of three years, extendable for up to 6 years, and allows for travel in and out of the U.S. where granted by a U.S. consulate.

USCIS Limits the Number of H-1B Visas Issued

Currently there is a limit of 65,000 H-1B visas per year. 6,800 of these H-1B visas are reserved for applicants from Singapore and Chile. An additional 20,000 H-1B visas are available for individuals holding a U.S. Master’s degree or higher. However, not every individual applying for an H-1B visa is subject to the numerical cap. Individuals applying for an H-1B extension, H-1B change of employer, H-1B change in employment, H-1B concurrent employment, H-1B non-profit workers, or H-1B physicians under waiver are not subject to the numerical cap. 

Additionally, USCIS conducts a computer-generated random selection process (H-1B lottery) to determine which H-1B petitions, subject to the congressionally mandated H-1B visa cap for the fiscal year, will be chosen to continue for final processing. This means that if a cap is met, there is no guarantee that an application will be processed.

When to File for an H-1B Visa

A petition for an H-1B visa may only be filed 6 months prior to the beginning date of employment. United States Citizenship & Immigration Services (USCIS) mandates that the requested start date for employment must be on or after October 1 and within 6 months of the filing date. Thus the earliest date to file an H-1B visa petition is April 1 of that year.

How to Apply for an H-1B Visa

An employer can file for an H-1B visa for its prospective employee by submitting an H-1B petition that includes the requisite forms, supporting documentation, and filing fees, to the appropriate USCIS filing office.

Forms for an H-1B visa

An H-1B visa is filed with USCIS by submitting Form I-129 with the H Supplement and I-129 Data Collection and Filing Fee Exemption forms in addition to the requisite supporting documentation and filing fees.

What to Submit with an H-1B visa

An H-1B Visa petition must include all evidence that will demonstrate to USCIS that:

  1. The employer has a legitimate and valid need to the specialty occupation worker
  2. The position being offered to the alien is in a specialty occupation
  3. The alien is qualified for the position

The H-1B visa petition must be filed by the U.S. employer and must include:

  • Evidence that a labor condition application has been filed by the employer with the U.S. Department of Labor
  • Evidence that demonstrates that the proposed employment qualifies under specialty occupation
  • Evidence that demonstrates that the alien has obtained the requisite degree
  • A copy of any required licensure or other official authorization to practice the occupation in the State of intended employment
  • A copy of any written contracts between the U.S. company and the alien or a summary of the terms and conditions under which the alien will be employed

Orange County Immigration Lawyer Scott D. Hughes can help you file your H-1B visa

In preparing to file an H-1B petition, it is important to ensure that a sufficient amount of time must be allocated towards gathering the requisite support documentation and address any legal issues that may arise during the course or preparation. An H-1B visa petition includes numerous technical aspects.

It is important to hire an Immigration Lawyer who is abreast of the current developments and changes in immigration law. Immigration Lawyer Scott D. Hughes is an aggressive and professional litigator who is ready to devote the appropriate level of attention and detail to properly prepare and file your H-1B visa petition. Contact the Law Offices of Scott D. Hughes for your free Immigration Law consultation.

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