H-1B Visa Attorney in Fresno, CA

Helping You File for an H-1B Visa & Gain Employment in the U.S.

Living and working in the United States is a dream for many, but it can be one that is difficult to achieve. For those who have specific skills or work in a specialty occupation, the H-1B visa might be an option. The laws governing these visas are complex, and there are specific criteria that must be met to apply and be approved. The attorneys at Bains Law Offices have extensive experience helping others successfully apply for and receive H-1B visas, and we’re here to help you do the same.

What Is an H-1B Visa?

An H-1B visa is a nonimmigrant visa that allows citizens of other countries to work temporarily in certain specialized jobs in the United States. Eligible jobs must require at least a bachelor’s degree or equivalent education or training, including positions such as physician, engineer, lawyer, manager, financial analyst, and many others. In order to apply for an H-1B visa, you must have been offered a job by a U.S. employer that requires specialized knowledge.

The employer must show that there is a lack of qualified applicants for the position in the United States. There are also specific provisions for how much the job must pay. In general, the position needs to pay the “prevailing wage,” which is the average wage for others doing the same type of work in the same area.

The experienced H-1B visa lawyers at Bains Law Offices stand ready to walk you through the process of applying for an H-1B visa, helping you achieve your goal of possible employment in the United States. Call our Fresno office today at 559-282-8924 to get the process started.

What Are the Eligibility Requirements for an H-1B Visa?

In addition to the requirements for the specialty occupation and the employer listed above, there are also specific criteria for the applicant. First, you must be able to show proof of a bachelor’s degree or its equivalent. Some jobs may also require a master’s degree. If your degree was granted by an institution outside of the United States, you may be required to provide information on the course of study and topics covered to ensure it meets the requirements.

For some jobs, you may also have to show that you have prior work experience in the industry. For example, if you are a physician, you may need to show that you have done extensive work in a specific area to meet the requirements. Someone who is fresh out of medical school isn’t likely to be able to qualify for an H-1B visa.

If the job you have been offered requires a license in the United States, you will usually need to qualify for and be granted that license before your visa application is approved. This could require taking specific classes or passing a test.

How Do I Apply for an H-1B Visa?

If you’re a foreign worker who wants to apply for an H-1B visa, the first step is to connect with an employer who has a need for a specialty occupation that you can fulfill. Once you have a potential job offer, the employer will need to create an account with USCIS and submit an online registration on your behalf. This ensures that you are entered into the H-1B visa lottery.

Once you have received notice that you were selected in the lottery, you will actually file the petition for the visa. The employer will need to submit several other forms at this time, including the Labor Condition Application and the proof that they are paying a prevailing wage. The employer will also submit the Petition for Nonimmigrant Worker form on your behalf. At this point, you may need to provide documentation to verify your training, education, work experience, and special skills. In some cases, you may also need to go through an interview before your visa can be given final approval.

Is there a Limit on the Number of H-1B Visas Available?

Because there is great demand for H-1B visas, the number issued is subject to limits. Currently, only 65,000 H-1B visas can be issued annually to bachelor’s degree holders. For those with master’s degrees, an additional 20,000 H-1B visas are available. The cap does not apply to certain employers, such as institutions of higher learning, a non-profit organization attached to an institution of higher learning, or government research organizations.

Those hoping to enter an occupation in the United States that is subject to the cap must register electronically with the United States Citizenship and Immigration Services (USCIS) to enter a lottery. If you already have an online account with USCIS, you will have to create a new account to enter the H-1B visa lottery. It is possible to have an attorney create the account and register for you.

What Happens Next If I Am Selected in the H-1B Visa Lottery?

Once you or your attorney have been notified that you have been selected to apply for an H-1B visa, your potential employer will be required to submit a Labor Condition Application (LCA) to the Department of Labor. The purpose of this form is to state that your employer will pay you fairly, giving you the same wage as other similarly qualified workers in the same geographic area and that your employment will not affect other employees in their company. Once the LCA has been approved, you or your H-1B visa lawyer will need to submit other documents, which may include proof of education or specialized training, your resumé or curriculum vitae, and a letter confirming your employment.

Will I Be Able to Bring My Family to the United States on my H-1B Visa?

Under current United States immigration law, dependent family members of H-1B visa holders may obtain H-4 visas either at the same time that you obtain your H-1B visa or after. They may not, however, obtain their H-4 visas before you are approved for your H-1B visa. Dependent family members are defined as children under 21 and spouses. Under an H-4 visa, a person may work or attend school. However, students may not work in a field related to their field of study.

Family members’ H-4 status cannot extend beyond the term of the primary worker’s H-1B status, but they may have the opportunity to stay in the United States by obtaining an adjustment of status to a different type of visa. The variables in obtaining H-1B and related H-4 visas for temporary work in the United States make for a complex process. The experienced H-1B visa lawyers at Bains Law Offices stand ready to bring all of their experience and knowledge to help you achieve success in your H-1B visa application. Call Bains Law Offices today at 559-282-8924.

How Long Does an H-1B Visa Last?

The initial period of stay for an H-1B visa is three years. However, it is possible in some cases to have this extended. In most cases, you will be limited to a total of six years. There are some specific exceptions to this, so if you need to stay in the country longer, talk to an attorney as soon as possible to explore your options. If you are planning on having your visa extended, keep in mind that your employer will have to refile Form I-129, which is the Petition for a Nonimmigrant Worker.

It is also possible to use the H-1B visa as a way to get a Green Card and become a Lawful Permanent Resident in the United States. Most Green Cards only need to be renewed every 10 years, and once you have one, you are no longer limited in what employer you can work for or what position you can hold.

Why Hire an H-1B Visa Attorney?

If you are applying for an H-1B visa in the United States, chances are that you are a busy professional. The H-1B application process is complicated and time-consuming, but there are many parts of the process that can be completed by an experienced H-1B visa attorney, freeing you from the headaches of navigating the U.S. immigration system.

At Bains Law Offices, we’re here to make the process of living and working in the United States a little easier, and that starts with understanding your options. Call our law firm at 559-282-8924 to speak to an immigration attorney today and discuss whether the H-1B visa might be an option for you. Our experienced attorneys can guide you through the application process and answer any questions you may have.