Why Do You Need an H-1B Lawyer for Your Visa Application?
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- October 9, 2024
Why Do You Need an H-1B Lawyer for Your Visa Application?
The process to receive an approved H-1B visa can be pretty labyrinthine, with regulations, paperwork, and deadlines that seem never-ending. Perhaps, as an alien professional wishing to be employed in the United States, it’s essential to hire a qualified H-1B lawyer.
Why, you may ask? It is better to let an immigration law firm or attorney make this process easier, guide you through complex laws, and, most significantly, have all your documents prepared to avoid the risk of rejection.
This article discusses the importance of hiring H-1B lawyers for your Visa Application Journey.
What Are H-1B Visa and Its Requirements
The H-1B visa is part of the Non-Immigrant Visa category offered by the US Government. It allows American companies to hire alien employees in specialty occupations. Sectors such as technology, engineering, or healthcare (where skilled resources are often scarce in the U.S.) tend to engage in the H-1B program.
If you have skills or knowledge that are very specialized in any of these areas, you can be one of the candidates for this particular visa. However, you must meet several requirements to apply for an H-1B visa; below are the most important ones:
- Employment Letter: You’ll need an official offer of employment letter from an employer in the U.S. who is willing to sponsor your visa process.
- Academic Requirements: You must own at least a Bachelor’s or its equivalent in your area of discipline.
- Employer Sponsorship: Your employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor. This application ensures your employers pay you fair wages as per the appropriate market rates for H-1B salaries in the industry.
You can begin the H-1B application process if you meet these requirements. This is the critical time when having an H-1B lawyer on your side is invaluable.
Benefits of the H-1B Visa
The H-1B visa for international employees has a variety of benefits compared to regular work visas. Below are some of the key benefits you can enjoy as an H-1B visa holder:
- Multiple Job Opportunities: You can work for multiple employers simultaneously, provided each employer files a separate LCA.
- Pathway to Permanent Residency: H-1B can serve your dual intent to enter the USA; it allows you to pursue permanent residency in addition to being on a temporary work visa.
- Flexibility in Extensions: The initial period of an H-1B visa lasts for three years, with the ability to extend it for another three years.
- Family Benefits: Your husband/wife and children under 21 years old are eligible to join you in the U.S. on H-4 status and can live here with you, go to school, can ask USCIS permission to work.
- Access to U.S. Employment: The H-1B visa grants access to the high-paying American job markets, specifically in industries requiring workers with specialist skills.
How an H-1B Lawyer is Helpful
Given the intricacies of the application process, you may wonder how precisely an H-1B lawyer can assist you. Below are specific functions and benefits that a qualified attorney will provide:
1. Expert Support
An H-1B lawyer can walk you through the whole process and explain each step — including from receiving a job offer all the way to filing your petition. They will also assist you in managing any additional requirements by authorities during the application processing. Your hired attorney will also prepare you for possible interview questions and scenarios with the consulate.
2. Document Preparation
The application will consist of a large amount of documentation, from your credentials to the job description and the LCA from your employer. An H-1B lawyer will help you collect all necessary documents in the needed format, with all the seals and signatures as required by the USCIS.
3. Filing and Compliance
Immigration law is a field with constant legal changes, and the H-1B attorney knows the current laws and regulations. Thay ensure your application adheres to these guidelines to prevent rejection.
4. Response to RFEs
If your application gets a Request for Evidence (RFE), an H-1B attorney can compose a reactive response that specifically answers all questions asked by USCIS in the RFE on your behalf.
5. Portability and Transfers
If you want to switch employers with an H-1B visa, a lawyer can help you transfer your visa to another employer with ease without jeopardizing your legal status.
Alternative Options to the H-1B Visa
If you have not landed an H-1B visa, there are many other ways for you to work and live in the United States. These are just a few examples; there are so many out there.
1. L-1 Visa
This is for employees transferring within the same multinational company to a U.S. office, with classifications for managers (L-1A) and specialized knowledge Employees (L-1B). This category requires you to have foreign work experience within the last 3 years with at least one year of consistent employment outside your home country.
2. T.N. Visa (Under the USMCA)
This visa allows for work in occupations set out by Navitas Visas with no annual cap. It is renewable for up to 3 years and indefinitely but does not grant you permanent residency. However, it is available to Canadian and Mexican professionals only.
3. E-3 Visa
The E-3 visa is restricted only to Australians in occupations requiring a bachelor’s/ higher degree. The target has been imposed a per annum cap of 10,500, which can be renewed indefinitely.
4. O-1 Visa
For those with extraordinary abilities in their field. Similar to the H-1B, it has no annual cap but is harder to get due to strict requirements.
5. F-1 Visa with OPT (Optional Practical Training)
With OPT, students can engage in practical work experience in their field for up to 12 months (or up to 36 months for STEM graduates) following their studies.
Ready to Begin Your Job in the USA?
Navigating the H-1B visa journey is not easy— it can be an ultimately complex and confusing process. But the good news is that if you hire an experienced H-1B lawyer, they can help you walk through this process more efficiently and calmly. An experienced attorney will provide you with expertise, help with your preparation, and provide professional representation of you throughout the entire process.
At Di Martino Law Group, we specialize in H-1B applications and are committed to providing the best legal help throughout your visa journey. We have the skills and experience amongst our team to help you make your application the best it can be. Don’t feel overwhelmed; give our expertise a chance to help you.
FAQs
1. Can I apply for an H-1B visa if I am currently working in the U.S. on another visa?
Yes, you may apply for an H-1B visa from within the U.S. on another visa, but your current visa status must be maintained throughout the application process.
2. How long does the H-1B visa application process take?
The H-1B visa application process can vary but typically takes several months to complete, especially if you encounter an RFE. Premium processing is available for expedited review.
3. How long can I live in the U.S. with an H-1B visa?
With an H-1B visa, you can stay in the country for an initial period of three years, with the possibility of six years of extensions.