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WHAT APPLICATIONS DO WE FILE? ALL OF THEM

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The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations. Specialty occupations typically require a higher level of expertise and a bachelor's degree or its equivalent in a specific field.

Visa
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Eligibility Requirements:

  1. Job Offer: You must have a job offer from a U.S. employer for a role that qualifies as a specialty occupation.

  2. Educational Qualification: The position must require at least a bachelor’s degree or equivalent. You must have the appropriate degree or work experience to qualify.

  3. Employer's Petition: Your employer must file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS).


Key Features:

  1. Duration: The H-1B visa is typically granted for an initial period of up to three years. It can be extended for a maximum of six years.

  2. Cap Limits: There is an annual cap on the number of H-1B visas issued, with exceptions for certain employers such as universities and non-profit research organizations.

  3. Portability: If you change employers, the new employer must file a new H-1B petition for you. However, you can start working for the new employer as soon as the new petition is filed and received by USCIS.


Application Process:

  1. Labor Condition Application (LCA): The employer must obtain an LCA from the Department of Labor (DOL), which certifies that the employer will pay the prevailing wage and meet other labor requirements.

  2. Petition Filing: The employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS along with the LCA, evidence of the worker’s qualifications, and other supporting documents.

  3. USCIS Processing: USCIS reviews the petition and either approves or denies it. If approved, you may apply for a visa at a U.S. consulate if you are outside the U.S.


Benefits:

  1. Work Authorization: Allows you to work legally in the U.S. for the sponsoring employer.

  2. Dependents: Spouses and children (under 21) of H-1B visa holders may apply for H-4 dependent visas. H-4 visa holders may be eligible for work authorization under certain conditions.


Challenges:

  1. Visa Cap: The annual cap can make it challenging to secure a visa due to high demand.

  2. Complexity: The application process can be intricate and requires detailed documentation and compliance with regulations.


Recent Developments:

  1. Legislation and Policy Changes: The H-1B program is subject to changes in immigration laws and policies, which can affect eligibility and processing times.

Consultation

If you need help with the H-1B visa process, consult us.

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