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

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 such positions as a 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. You must also be able to show proof of bachelor’s degree or equivalent.

The employer must show that there is a lack of U.S qualified applicants for the position, as well. 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 U.S. Call our Fresno office today at 559-890-1007 to get the ball rolling.

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 U.S that is subject to the cap must register electronically with the United States Citizenship and Immigration Service (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 has 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 U.S. 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 is 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 559-890-1007.

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.