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H-1B Specialty Occupations

H-1B Visa: Specialty Occupation Visa Services

The H-1B visa is one of the most popular pathways for skilled foreign professionals to work in the U.S. If you’re an employer seeking to hire international talent or a professional aiming to work in a specialized field in the United States, The Dhanani Law Firm can help you successfully navigate the H-1B visa process. With over 25 years of immigration law experience, we provide expert guidance to ensure your application is strong and meets all legal requirements.

What Is the H-1B Visa?

The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign professionals for specialty occupations. These occupations typically require a higher level of expertise and a minimum of a bachelor’s degree or equivalent. The H-1B visa is used by companies across industries, from technology and engineering to healthcare, finance, and education.

H-1B workers can stay in the U.S. for up to 3 years, with the possibility of a 3-year extension. During this period, they can work for their sponsoring employer, with the option to change employers or apply for permanent residency if desired.

Who Qualifies for an H-1B Visa?

To qualify for an H-1B visa, both the foreign worker and the employer must meet specific requirements:

Employer Requirements:

  • Job Offer: The employer must have a valid job offer in a specialty occupation that requires a degree or higher level of education.
  • Labor Condition Application (LCA): The employer must file an LCA with the U.S. Department of Labor, certifying that they will pay the H-1B worker the prevailing wage and that hiring a foreign worker will not adversely affect U.S. workers.

Employee Requirements:

  • Specialty Occupation: The foreign worker must be offered a job that qualifies as a specialty occupation, which generally requires theoretical or technical expertise in fields such as IT, engineering, math, medicine, architecture, and more.
  • Educational Credentials: The employee must have a minimum of a bachelor’s degree (or its equivalent) in a field related to the specialty occupation.
  • Cap Eligibility: The H-1B visa is subject to an annual cap of 65,000 visas, with an additional 20,000 visas available to individuals with advanced degrees from U.S. institutions.

H-1B Visa Process and Timeline

  1. Employer Sponsorship
    The H-1B visa is employer-sponsored, meaning a U.S. company must offer a job to the foreign worker and agree to sponsor the visa application.

  2. Labor Condition Application (LCA)
    The employer must file an LCA with the U.S. Department of Labor, affirming that they will comply with wage and labor regulations.

  3. Petition Filing
    Once the LCA is certified, the employer submits Form I-129 (Petition for a Nonimmigrant Worker) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. The petition includes the job details, proof of the employee’s qualifications, and the LCA.

  4. Lottery System (If Applicable)
    Due to high demand, USCIS uses a lottery system for the majority of H-1B applications. If selected, USCIS will process the application; if not, the employer can reapply the following year.

  5. Visa Issuance
    If the petition is approved, the foreign worker can apply for the H-1B visa at a U.S. consulate or embassy in their home country. Once issued, they can travel to the U.S. to begin work.

Benefits of the H-1B Visa

  • Work Authorization: H-1B holders are authorized to work for their sponsoring employer in the U.S. in their specialized field.
  • Dual Intent: H-1B visa holders can pursue permanent residency (Green Card) without jeopardizing their visa status.
  • Portability: H-1B workers may change employers, provided the new employer files a petition to transfer the visa.
  • Family Visa Options: H-1B holders can bring their spouse and unmarried children under the age of 21 under the H-4 visa. H-4 visa holders can study in the U.S., and in certain cases, spouses may apply for work authorization.

How The Dhanani Law Firm Can Help You

With over 25 years of experience in U.S. immigration law, The Dhanani Law Firm provides comprehensive support throughout the H-1B visa process for both employers and employees. We handle the complexities of the application process, ensuring all documentation is accurate and complete to maximize the chances of success.

For Employers:

  • H-1B Eligibility Assessment: We evaluate your business and the position to ensure it qualifies as a specialty occupation.
  • LCA Filing: We assist with preparing and filing the Labor Condition Application, ensuring compliance with Department of Labor regulations.
  • Petition Preparation: We help prepare and submit the H-1B petition, ensuring that all necessary supporting documents, such as educational credentials and job details, are included.
  • Cap-Exempt Applications: If your organization qualifies for cap exemption (e.g., higher education institutions or nonprofit research organizations), we provide guidance on navigating this process.

For Employees:

  • Qualification Review: We review your educational background and experience to confirm you meet the H-1B requirements.
  • Visa Application Support: Once your petition is approved, we assist you with the consular process and prepare you for any required interviews.
  • H-1B Transfer: If you wish to change employers, we provide guidance on transferring your H-1B status without interrupting your work authorization.

Why Choose The Dhanani Law Firm?

At The Dhanani Law Firm, we have over 25 years of experience helping businesses and professionals successfully navigate the H-1B visa process. We understand the complexities and nuances of the U.S. immigration system and are committed to providing personalized, strategic solutions that meet the unique needs of our clients.

Start Your H-1B Visa Process Today

Whether you’re an employer looking to hire top international talent or a professional seeking to work in the U.S., we are here to help. Schedule a consultation with The Dhanani Law Firm today to get expert assistance with your H-1B visa application.
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    1100 Peachtree Street NE, Suite 200 Atlanta, GA 30309

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