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H-1B (H VISAS FOR PROFESSIONAL WORKERS)
H-1B Work Visa / H Visa Attorneys
Assisting Employers and Employees Nationwide with H-1B and H Visas
Competition for the limited number of H-1B and H-1B1 work visas warrants attention by an experienced and knowledgeable employment immigration attorney. Lawyers at The Shapiro Law Group guide U.S. employers through the process to secure non-immigrant H-1B and H-1B1 work visas for foreign citizens to fill positions requiring a bachelor's degree, advanced degree or a combination of education and experience that is the academic equivalent of a four year U.S. bachelors degree.
In addition to H1B visas, we handle work visas for citizens of specific countries holding bachelor's or higher degrees.
H-1B Visas for Professionals
The H-1B non-immigrant visa allows temporary employment in the United States for foreign nationals, who do not otherwise have work authorization to enter the U.S. The United States Citizenship and Immigration Services (USCIS) has set the following current cap for H-1B visas.
58,200 H-1B visas are available for individuals who for the first time will fill a position requiring at least a bachelor's degree. Examples of H-1B specialty positions include: financial planner, business analyst, accountant, software engineer, engineer, computer programmer, programming analyst and many other jobs. An additional 20,000 H-1B visas are available for individuals who have a US masters or higher degree.
H-1B Visa Eligibility and Requirements
- Sponsored individuals must possess (a) a bachelor's or higher degree or its U.S. equivalent, or (b) a combination of education and experience equal to a U.S. bachelor's or higher degree enabling the employee to perform the duties of the H-1B visa sponsored position.
- The wage offered to the H-1B sponsored individual must be at least the prevailing wage, or the actual wage paid to other workers similarly employed, whichever is higher.
Authorization Period, Extensions and Conversions
- Employees sponsored to work in the U.S. on an H-1B work visa are initially allowed to work in the U.S. for up to three years. The individual is allowed to work in the U.S. under H-1B visa status for up to six years.
- H-1B visa status can be extended in one-year increments beyond the six-year cap if the individual has had a labor certification application pending on their behalf for more than 365 days prior to reaching the cap, H-1B Visa status can be extended for three years if a PERM application is approved, subsequent I 140 application is approved, and immigrant visa number availability does not allow the filing of their green card application.
Individuals presently in the U.S. under H-1B work visa status may begin to immediately work for a new H-1B employer as soon as the USCIS receives an H-1B Visa application filed on their behalf.
The H-1B Cap: Proactive Legal Counsel
April 1, 2010 will now be the earliest date an employer may file a petition requesting H-1B employment on behalf of a prospective employee who has never been classified as an H-1B non-immigrant. The employment start date must be October 1st, 2010 or later (the start of the U.S. Government's Fiscal Year 2011).
[The H-1B cap does not apply to individuals who already are in H-1B status and who are applying for an extension of their H-1B status.]
The ability to file typically closes within a few days after April 1st of each year since the H visa caps are quickly met. Therefore, The Shapiro Law Group recommends that you now begin reviewing your anticipated employment needs as they may relate to the sponsorship of individuals requiring an H-1B work visa for Fiscal Year 2011. We can assist immediately in assembling the documentation required for H-1B approval, in order to submit applications in a timely manner after filing opens.
Contact a Fully Qualified Immigration Attorney about H-1B and H Visas
The Shapiro Law Group stands ready to assist American employers in processing or extending H-1B and H visas. You can reach our attorneys online or call us at (847) 564-0712. We will promptly respond to your inquiry and arrange a consultation at your convenience.