H-1B Attorney
The H-1B visa is often considered a professional's visa because it requires
both theoretical or technical expertise in a specialized field and a bachelor's
degree or higher (or equivalent).
Examples of potentially qualifying specialty occupations include: architects, engineers, computer programmers, accountants,
doctors and college professors, certain fashion
models of distinguished merit and ability and up to 100 persons who will performing
services of an exceptional nature in connection with the U.S. Department of Defense
research and development projects or coproduction projects.
To obtain an H-1B visa, an applicant must first obtain a job offer from a qualified employer, who is commonly known as the sponsor. Individuals typically cannot commence
the process for their own H-1B visa; only the sponsor can. However, this 2006 administrative appeals opinion
allowed a U.S. corporation established solely by an H-1B beneficiary successfully to sponsor her H-1B application on the theory that legally the U.S. corporation was a separate entity from the alien worker founder.
An H-1B visa is ordinarily valid for up to six years and entitles
the husband or wife of the visa holder and children to accompany the principal visa
holder.
One of the main advantages of the H-1B visa is that it is a dual intent visa which means that the visa holder can apply for permanent residency while working and living in the US, which is not usual
with other non-immigrant (temporary) visas.
Many H-1B visas are subject to a numerical limit, called a cap, each year. As
of 2009, USCIS
currently maintains
a cap of 65,000 on H-1B visas generally, but since 2004, 20,000 new H-1B visas for foreign
workers with a Master's or higher level degree from a U.S. academic institution are also available, which are statutorily exempted
from the general cap.
Some H-1B positions are exempt from numerical cap limits altogether. H-1B nonimmigrants
who are employed, or who have received an offer of employment, by institutions of
higher education or a related or affiliated nonprofit entity, as well as those employed,
or who will be employed, by a nonprofit research organization or a governmental
research organization are exempt from the cap.
H-1B visas are highly desirable and in FY 2009, both the general cap and graduate
exempt categories were oversubscribed on the first day that applications could be
filed for H-1B visas with USCIS.
Apart from H-1B visas, other available visa categories may include:
- E-3
Treaty Professional Visas for Australian citizens
- TN NAFTA visas for Canadian
and Mexican citizens
- H-2B visas for non-college graduates
Arizona H-1B Lawyer: Messing Law Offices, Immigration Employment Attorney
At Messing Law Offices, we provide high quality legal services and expertise to
families, working men and women, and businesses. If you have a concern in the areas
of family based immigration, business
based immigration, employment based immigration,
or naturalization and you are seeking the help of
an experienced immigration lawyer, call Messing Law Offices
for professional Arizona immigration attorney assistance.
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