H-1B Visa

If you are an employer seeking to sponsor an employee or a foreign worker seeking sponsorship for an H-1B visa, our team stands ready to provide the comprehensive guidance you need for a smooth process.

What is the H-1B Visa?

The H-1B visa is a non-immigrant visa category that allows U.S. employers to employ foreign workers in specialty occupations. This category often attracts professionals in fields like information technology, engineering, finance, healthcare, and more, creating a pathway for skilled foreign workers to contribute to the U.S. economy.

Who Qualifies for the H-1B Visa?

To qualify for the H-1B visa, applicants must meet the following criteria:

a. Specialty Occupation

The position must be in a specialty occupation requiring the application of specialized knowledge, typically requiring a bachelor’s degree or higher.

b. Job Offer

The applicant must have a legitimate job offer from a U.S. employer for the specialty occupation.

c. Educational Qualifications

The applicant must hold at least a bachelor’s degree or its equivalent in the field related to the position.

d. Labor Condition Application (LCA)

The employer must file and obtain an approved LCA from the Department of Labor, confirming compliance with wage and working condition regulations.

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    How Does the Application Process Work?

    Step 1: Eligibility Confirmation

    First of all, it is essential to verify that the job and the foreign worker meet the H-1B visa requirements, including specialty occupation criteria.

    Step 2: Employer Enrolls Sponsored Employees in the H-1B Visa Lottery

    We assist in registering candidates in the H-1B visa lottery system during the designated period in March, giving you peace of mind and allowing you to focus on your core business operations.

    This step is subject to the annual cap for new H-1B visas unless the employer is a higher education institution, a non-profit organization associated with a higher education institution, a non-profit research organization, or a government research organization, which may be exempt from the cap.

    Step 3: Sponsored Employees Get Selected in the H-1B Lottery

    After the registration period closes, USCIS conducts a lottery to determine which foreign workers will have their H-1B petitions adjudicated. Employers are notified of selected registrations, and only for these selected employees can the employer move forward with filing an H-1B petition.

    Step 4: Employer Files a Labor Condition Application (LCA) for Sponsored Employees

    We manage the filing of the LCA with the DOL, confirming that the employment conditions are compliant with U.S. regulations. The DOL certifies the LCA in about seven business days.

    Step 5: Employer Files the Petition with USCIS

    Once the LCA is certified, we file the H-1B petition with USCIS. This includes Form I-129, Petition for a Nonimmigrant Worker, a detailed petition letter outlining the nature of the company, the position, and how the employee meets the qualifications, and a cover letter summarizing the filing. Also, we ensure that the employer pays the required H-1B filing, fraud prevention, and training fees, which can vary depending on the size of the company and other factors.

    Step 6: Receive the Review Results from USCIS

    USCIS reviews the petition and may request additional evidence (RFE) if they need more information to make a decision. Once all information is received, USCIS decides to either approve or deny the H1B petition. If approved, the employer receives a Form I-797 Notice of Action indicating the terms of the visa approval. The foreign worker can then apply for the H1B visa in the U.S. Embassy or Consulate in their home country, if outside the United States, or if already in the U.S., they may begin working in H1B status from the start date listed on the approved petition.

    At Oguz Law, we understand the complexities that come with sponsoring employees, and we are here to help you manage the process seamlessly. Our team of experts can assist you with every step of the process, ensuring that you meet all the regulatory requirements and deadlines. Contact us today to learn more about our services.

    What Are the Benefits of the H-1B Visa?

    The H-1B visa offers several advantages, including:

    a. Work Authorization

    The visa allows work for the sponsoring employer in the specified specialty occupation.

    b. Dual Intent

    H-1B visa holders may pursue permanent residency (green card) without affecting their non-immigrant status.

    c. Portability

    H-1B workers may change employers under certain conditions.

    What Are the Required Application Documents?

    When applying for the H-1B visa, applicants must submit several documents, such as:

    a. Passport

    A valid passport.

    b. Job Offer Letter

    A formal letter from the U.S. employer detailing the employment terms.

    c. LCA

    Approved Form ETA-9035 from the Department of Labor.

    d. Educational Credentials

    Transcripts, diplomas, or other evidence of required qualifications.

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    Frequently Asked Questions

    Yes, unfortunately, there is a cap on the number of H1-B visas issued each fiscal year, which currently stands at 65,000.

    The duration of the H1-B Visa varies depending on the applicant. However, a visa with a validity of up to three years can be issued.

    Yes, you are eligible for an extension, but in general, the total duration of your stay cannot exceed six years. However, there are some exceptions to this rule when there is an ongoing Green Card application.

    Numerous professional fields qualify for the H-1B Visa, including IT, architecture, law, finance, and medicine, among others. To explore more potential positions based on your academic and professional background, please consult your attorney.

    Yes, you can apply for permanent residency (Green Card) if your employer is willing to sponsor you. Being in H-1B status offers certain advantages, such as being on payroll and having a dual intent visa.

    Yes, H-1B transfer applications are not subject to the visa cap, so you can apply for an H-1B transfer when you receive a qualified job offer from a new employer.
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