Orlando H-1B Temporary Work Visa Immigration Attorneys
The H1B Visa is designed for foreign nationals seeking to work temporarily in the United States in a “specialty occupation.” Thus, this visa is designed for “professionals” seeking to work in the U.S.
HOW TO QUALIFY FOR THE H-1B VISA
- The U.S. employer must establish a need for someone in a “specialty occupation,” and if the employer wishes to hire the foreign national, the U.S. employer must be willing to sponsor the foreign national through the H1B process
- A “specialty occupation” is one which requires the theoretical and practical application of a body of highly specialized knowledge. Common professions that meet this requirement are architects, engineers, lawyers, physicians, accountants, teachers, many business occupations and many other professions
- The foreign national must demonstrate that he/she posses the required degree in that particular occupation or closely related to that occupation, or its equivalent. If the foreign national does not posses a college/university degree, then work experience can be considered by certified agencies who perform work experience evaluations. Every 3 years of related work experience may qualify as 1 year of university under the regulations
HOW DO I APPLY FOR AN H1B VISA?
- With the assistance of immigration counsel, the U.S. employer must first file form ETA 9035, Labor Condition Attestation (“LCA”) with the U.S. Department of Labor
- Once the LCA is approved, the U.S. employer must then file form I-129 and H Supplement with US immigration
WHAT ARE THE BENEFITS OF AN H1B VISA?
- H1B visas are valid for an initial period of 3 years, and can be renewed for an additional 3 years, with a maximum of 6 years, unless the employer and employee have taken specific steps towards U.S. permanent residency that can allow for extensions beyond the 6 year limit
- The spouse and children under 21 can accompany the H1B holder and may study in the U.S.
- Once you obtain H1B visa status, you are no longer subject to the annual cap or limits on the number of H1Bs available every year, so you may switch employers and not be subject to this numerical limitation
- The employer may proceed with filing for US permanent residency for the H1B holder, first by following the procedures for Labor Certification through the PERM process, then through the I-140 procedures
Orlando H-1B Work Visa Lawyers of Colombo & Hurd
If you are in need of an attorney experienced in filing H1B visas and would like to arrange for a consultation via telephone, email, internet phone or in person, please contact Colombo & Hurd, PL today for your consultation at 1-800-659-7142.