San Diego H-1B Visa Lawyer

San Diego H-1B Visa Lawyer

H-1B Visa Guide

In the United States, many businesses use the H-1B visa program to employ foreign workers in specialty occupations that require theoretical or practical application of a body of highly specialized knowledge, including, but not limited to: scientists, engineers, or computer programmers. These businesses must be offering a qualified position to the immigrant applicant.

Qualify as a Specialty Occupation

The position must qualify as a specialty occupation by meeting one of the following criteria.

• A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
• The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position;
• The employer normally requires a degree or its equivalent for the position; or
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Valid Employer-Employee Relationship

The applicant must have a valid employer-employee relationship with the petitioning U.S. employer. In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker. In some cases, the sole or majority owner of the petitioning company or organization may be able to establish a valid employer-employee relationship, if the facts show that the petitioning entity has the right to control the beneficiary’s employment.

• Your job must qualify as a specialty occupation by meeting one of the following criteria.
• A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
• The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position;
• The employer normally requires a degree or its equivalent for the position; or
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Advanced Degree Exemption

An advanced degree exemption is provided for the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Once that limit is reached, any petitions filed for beneficiaries with a U.S. master’s degree or higher will count against the regular cap, unless exempt for other reasons.

USCIS encourages petitioners to keep Department of Labor LCA processing times in mind when preparing the H-1B petition and plan accordingly.

H-1B temporary visas are for persons entering the United States to work in a professional capacity. These visas are for foreign-born professionals that have received offers of employment in the United States.

Types of Occupations Eligible for Exemptions

Such examples of occupations include: computer professionals, teachers, engineers, architects, researchers, and fashion models of distinguished merit and ability.

To be eligible for an H-1B visa, you must meet the following requirements:

1. have a minimum of a four-year university degree or equivalent
2. be paid a “prevailing wage”
3. your job must require a minimum four-year university degree or equivalent

There is an annual cap set for H-1B professionals at 65,000. An additional 20,000 H-1B numbers are set-aside for people with advanced degrees issued by U.S. institutions of higher learning.

Timeline

The U.S. Citizenship and Immigration Services (USCIS)accepts the “cap-subject” H-1B petitions from employers every year starting April 1.

If the H-1B petition is approved you may start employment on October 1.

To Note: Many H-1B jobs are exempt from the numerical caps. These “cap-exempt H-1 jobs” include employment at universities or related or affiliated institutions; non-profit and governmental research institutions; and physicians that receive J waivers.

If a person is employed at a cap-subject H-1B job, then further extensions of stay or changes made by employers are not subject to the cap.

Typically, H-1B visas are valid for 3 years. It’s also typical for these visas to be extended for an additional 3 years. A post-6th year extension is usually granted if a PERM application or an I-140 visa petition is submitted in a timely manner.

Contact a San Diego H-1B Visa Lawyer

Hiring the best attorney for your immigration case can prove pivotal in your life, much like a marriage. A licensed lawyer is authorized and qualified to assist you with your immigration case or green card application. Unlike consultants,  attorneys have completed extensive education and training before being licensed to represent clients. Just like a life partner, you want an attorney you can trust, communicate with, and relate to. Most importantly, you want an attorney who knows how to successfully proceed with your case so that you achieve the desired outcome. While many legitimate community and religious organizations provide immigration-related services, there are those who advertise as legal “consultants” or “notarios publicos”  but are not authorized or qualified to help with immigration law-related matters. You face a big challenge, the power of the United States government. Don’t face it alone. Contact a San Diego H-1B Visa Lawyer at Superior Immigration Lawyers.