What is the H-1B Visa?
The H-1B visa allows employers in the U.S. temporarily to hire foreign workers in “specialty” occupations.
Only 60,000 H-1B visas are issued to American companies every fiscal year. Foreign citizens seeking work in the US must submit applications for the H-1B visa on April 1st. In 2013, 120,000 applications had been received by April 2nd, so a lottery system was used to distribute the available H-1B visas.
The H1B visa application is quite complex and takes about 3 months to complete. Don’t hesitate to contact MC Law Group for help and advice regarding H1B visa applications and other immigration services. We represent foreign workers and their sponsoring employers so that workers can remain in the U.S. and keep working without facing deportation.
The Immigration and Nationality Act of 1965 defines a “specialty occupation” as employment requiring specialized knowledge in a particular field and requiring a bachelor’s degree or its equivalent. (Fashion models are excluded from the degree requirement but must be “of distinguished merit and ability.”) H-1B work-authorization is restricted to employment provided by a sponsoring employer.
H1B Visa Work Authorization, how it works?
H-1B work-authorization will not make you a permanent resident; it is temporary and only good for three years, however it may be extended to six years.
Exceptions to that maximum length may apply in some cases. If an H-1B visa holder submits an I-140 immigrant petition or a labor certification before the fifth anniversary of originally receiving the H-1B visa, he or she may renew the H1B visa in one-to-three-year increments until a decision is reached regarding his or her green card application.
An H-1B ratification holder with an approved I-140 may be entitled to a three-year extension of the H-1B visa if the visa holder is unable to complete the green card process due to his or her priority date not being current.
After six years, H-1B ratification holders who want to keep working in the US but who have not yet received a green card must stay outside of the US for a full year before reapplying for the H1B visa. H-1B visa regulations do not require the ratification holder to remain at the sponsored job for a specific length of time. This facilitates H-1B “portability,” so long as a new employer sponsors another H-1B visa.
Can students apply for the H1B Visa?
In short, the answer is yes. Students with proper credentials, and an employment contract with a willing and able employer, can apply for the H-1B visa. The criteria to qualify for the H-1B visa can be found on USCIS.gov and includes:
- a minimum of a four-year collage degree AND
- In a field of a specialty occupation position AND
- Where employer could not find a qualified US worker
- Employer has ability to pay salary mandated by the Department of Labor through the Prevailing Wage Determination
The process of applying is a key. Student much find an employer before the registration date starts, usually in early March of each year. And employer must register and submit a registration for the student with USCIS. If the registration is selected, then a full application must be filed within 60 days.
The selection usually occurs in June-July of every year and the student with an approved H-1B would be able to start working starting October 1 of that year. Please note that many students would have to go outside the US to receive their H-1B visas, with some small exceptions to allow some students to do a Change of Status to be able to switch from a J-1 or F-1 student visa to the H-1B employment visa while in the US.
Our Las Vegas, Nevada attorneys are successful in representing international workers and their sponsoring employers in various matters involving immigration law.
In fact, MC Law Group attorneys conduct regular seminars for employers on topics like labor law and equal protection. Employers, hiring managers, and foreign workers are urged to contact MC Law Group by phone or by e-mail to schedule a consultation to have all of your ratification concerns and other immigration-related questions answered.
Contact our MC Law Group today if we can help you or your business with an H1B ratification application or sponsorship or with any immigration-related concern.
Call our offices or fill out the form on this website to speak with one of our United States immigration lawyers with years of experience dealing with H1B visas. Our legal staff speaks eight different languages and provides experienced legal counsel in English, Armenian, Cantonese, French, Russian, and Spanish.
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