H-1B Visa Lawyer in US
H-1B Visa Program Overview
The H-1B visa program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.
The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.
The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers.
Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater.
H-1B Visas for Temporary Workers
Your employer or agent may file a petition to classify you as an H-1B temporary worker if you work in a specialty occupation, engage in cooperative research and development projects administered by the U.S. Department of Defense, or are a fashion model of distinguished merit and ability.
Who is eligible?
There are three types of individuals who may have petitions filed on their behalf under the H-1B category:
- Specialty Occupations. Typically, companies file for individuals to come to the United States to perform services in specialty occupations. These positions normally require bachelor’s degrees (or higher) in a specialty field.
- Department of Defense Cooperative Research and Development Projects. Individuals who will be engaged in cooperative research and development projects administered by the U.S. Department of Defense are eligible.
- Fashion Models. Individuals who are fashion models of distinguished merit and ability are eligible.
Below are some key requirements that you must meet to be classified as an H-1B Temporary Worker:
- You must have an employer-employee relationship with the petitioning U.S. employer.
- Your job must qualify as a specialty occupation by meeting one of the following criteria:
Your job must be in a specialty occupation related to your field of study.
- A bachelor’s or higher degree, or its equivalent is normally the minimum requirement for the position;
- The degree requirement is common for the 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.
The petitioning employer must submit evidence that a labor condition application (LCA) has been certified by the U.S. Department of Labor.
You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.
An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.
Regardless of your individual circumstances, working with an experienced US H-1B Visa attorney is an important choice you can make to help improve your visa status. Call 855 461 0009 to speak with a US H-1B Visa attorney today for a Free H-1B Visa law consultation.