Specialty occupations: H-1B visa

Overview

What is the H-1B Visa?

The H-1B visa is issued to skilled, professional, graduates workers for employment in their field of expertise in the U.S. This visa is granted by the US government to foreign workers who will enter the U.S. to work for a U.S. company. Foreign workers who qualify for this visa must work in a field requiring specialized knowledge and meet the job requirements that the employer was not able to find from a U.S. based worker.

Along with specialized professional workers, such as engineers, scientists, doctors, and the like, the H1B visa also applies to fashion models and Department of Defense cooperative research and development project workers.

This visa allows its holders to remain in the U.S. for 3 years and can be extended to up to 6 years. There are also exceptions to extend the visa for even more years depending on the type of work being performed, and your specific set of circumstances.

H-1B visa processing time

Because of the increasingly high demand for the H-1B visa, the Immigration Authorities have developed different types of processes for this visa. The processing time you will have to wait for the completion of your visa application, will depend on the type of processing that is filed.

There are three types of processing:

• Regular H-1B visa processing: H1B visas are processed randomly with no order or preference. This selection is called the H1B visa lottery. The regular H1B visa processing time is approximate 3 months to 1 year, but can take longer on specific cases depending on a variety of factors.
• Premium H-1B visa processing: For those employers that do not want to wait such a long time for processing, they can choose premium processing. Premium processing guarantees that the petition will be processed within 15 days of submission.
• Expedited H-1B visa processing: Expedited processing is only done on a case-by-case basis determined by USCIS, and it requires specific criteria.
• After our Initial Legal Consultation I will be able to give you a more specific idea of how long should this Visa process be for your specific case, based on your particular circumstances.

Requirements

Legal requirements

The H1B visa applicant must meet the following requirements to be eligible for the H1B visa:

• Applicant should hold a bachelor’s degree or master’s degree, or the foreign equivalent* The applicant can bypass this requirement if they have at least 12 years of specialized work experience
• The degree requirement for the job is typical for the job** For example, an M.D. for a surgeon
• The work must be one that requires a professional in a specialty occupation
• Applicant must possess deep knowledge in the required field
• The employer must demonstrate the lack of qualified US applicants for the position

Documents required

For this particular visa, there is extensive and case specific documentation required. This is why it is so important that you count with the right legal representation and guidance to make sure that you comply with all the necessary paperwork when submitting your application and going through the process. To provide you with initial guidance, will enlist the documents that are essential for you to be able to present a successful H-1B Visa application:

• Valid original passport* You are recommended to have passport valid for at least six months beyond your interview date
• All old passports held
• One photograph as per specification
• US Visa Application Form DS-160 confirmation page stamped at the Visa Application Center (VAC)
• US Visa Application Fee payment receipt
• Visa Interview appointment letter
• Original Notice of Action-I-797
• Copy of the first and last page of your current valid passport
• The original Notice of Action (Form I-797)
• Form I-129* if Form I-797 is a blanket permit, copy of Form I-797 and I-129, and recent letter from employer that describes your proposed duties and intention to hire you
• Letters verifying your employment history and specific work skills
• Original degree certificates along with mark sheets
• Relevant diplomas or certificates
• Visa renewal applicants will have to submit a copy of the previous expired US visa stamped on their passport
• First time applicants may consider carrying the following documents:
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What's included

My services include:

• At Sabalier Law, you count with expert legal representation and guidance throughout your entire visa application process
• Expert legal preparation and expedited submission of your petitions
• Legal review of your application, to ensure that it is filled out completely and accurately
• Legal guidance in case there are there are any requests for evidence of your circumstances for clarification purposes
• Legal advocacy and representation in case an issue arises throughout your application process
• Constant updates on the status of your case
• Timely notification of changes in immigration laws and procedures that are relevant for you and your case
• Expert and attentive legal support and representation throughout your visa application process from the moment you hire me until the moment of safely arrival in the United States. My work is not done until you have no more legal worries in mind
• And the best part is that at Sabalier Law, all legal services are offered online, using the latest in secure technology to ensure your safety and your comfort, so that you can get the legal representation, information, and communication you need every step of the way throughout your immigration process regardless of where you are located in the world