One option available to employers is the H-1B Visa which allows businesses to sponsor highly skilled foreign nationals in specialized occupations to come work in the United States on a temporary basis. These specialty occupations include, but are not limited to: IT, Computing, Finance, Accounting, Banking, Engineering, Teaching, Medical, Legal, and Telecommunications. To qualify for the H-1B Visa, foreign nationals must have a minimum of a Bachelors degree in their specialized fields.

In order to obtain an H-1B Visa, the employer must submit a completed Labor Condition Application which is a submission to U.S. Department of Labor (DOL) outlining that 1) the employment of the foreign national does not harm American workers, 2) the foreign worker will be paid the prevailing wage for the industry in which they will work, and 3) the employer will not employ the foreign national in the event of a strike or lock-out.  Once the DOL application is approved, the employer must file an I-129 Petition with United States Citizenship & Immigration Services (USCIS).

The United States Government places a cap on the number of foreign workers, issuing a limited number of H-1B Visas per year. Only 65,000 H-1Bs are given out in the bachelor’s degree category and an additional 20,000 H-1Bs are granted new each year to people who have obtained a U.S. Master’s/higher degree. 

Many H-1Bs are working their way through a series of employers porting H-1B status from one employer to a new one.  In this situation, the individual can start working for the new employer upon filing the case with acknowledgement of receipt by USCIS.  There are certain situations where an attorney should assess any gaps between employers to determine whether the person will have to depart U.S. soil in order to re-establish proper status by applying from a U.S. consulate instead.

With great demand and limited supply, as well as a number of pitfalls in the process, it is important that you consult an attorney who understands the extremely detailed process of obtaining work authorization in the U.S. We assist in the preparation of the petition, application and review all supporting documentation to ensure that you do not fall victim to the common H-1B Visa pitfalls which lead to the rejection of many applications each year.

H-1B Visa

One option available to employers is the H-1B Visa which allows businesses to sponsor highly skilled foreign nationals in specialized occupations to come work in the United States on a temporary basis. These specialty occupations include, but are not limited to: IT, Computing, Finance, Accounting, Banking, Engineering, Teaching, Medical, Legal, and Telecommunications. To qualify for the H-1B Visa, foreign nationals must have a minimum of a Bachelors degree in their specialized fields.

In order to obtain an H-1B Visa, the employer must submit a completed Labor Condition Application which is a submission to U.S. Department of Labor (DOL) outlining that 1) the employment of the foreign national does not harm American workers, 2) the foreign worker will be paid the prevailing wage for the industry in which they will work, and 3) the employer will not employ the foreign national in the event of a strike or lock-out.  Once the DOL application is approved, the employer must file an I-129 Petition with United States Citizenship & Immigration Services (USCIS).

The United States Government places a cap on the number of foreign workers, issuing a limited number of H-1B Visas per year. Only 65,000 H-1Bs are given out in the bachelor’s degree category and an additional 20,000 H-1Bs are granted new each year to people who have obtained a U.S. Master’s/higher degree. 

Many H-1Bs are working their way through a series of employers porting H-1B status from one employer to a new one.  In this situation, the individual can start working for the new employer upon filing the case with acknowledgement of receipt by USCIS.  There are certain situations where an attorney should assess any gaps between employers to determine whether the person will have to depart U.S. soil in order to re-establish proper status by applying from a U.S. consulate instead.

With great demand and limited supply, as well as a number of pitfalls in the process, it is important that you consult an attorney who understands the extremely detailed process of obtaining work authorization in the U.S. We assist in the preparation of the petition, application and review all supporting documentation to ensure that you do not fall victim to the common H-1B Visa pitfalls which lead to the rejection of many applications each year.

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