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Who Is Eligible for the United States H-1B Visa?

 Posted on February 11,2020 in Immigration

Itasca immigration attorneyThe U.S. immigration process can be a confusing and time-consuming endeavor. However, regulations, policies, and procedures are put in place to protect the country and its citizens from harm. The United States Citizenship and Immigration Services (USCIS) is the federal agency that governs how a citizen of a foreign country can legally live and work in the United States or become a naturalized U.S. citizen. A foreign national who seeks to enter the United States must first obtain a U.S. visa. There are various visas available depending on a person’s circumstances and intentions.

Opportunities Through Employment

There are two main categories of visas — Nonimmigrant and Immigrant. Nonimmigrant visas are for traveling to the United States on a temporary basis. Immigrant visas allow foreigners to live permanently in the United States.

One common type of visa is the H-1B. This is an employment-based, non-immigrant visa for temporary workers in the United States. Since it is a company-sponsored visa, an employer must offer a person a job and petition for their H-1B visa through the U.S. immigration department. The approved petition acts as a work permit that allows an individual to obtain a visa stamp and work in the United States for a specified amount of time.

H-1B visas are typically issued for a worker who is performing a specialty occupation, with an individual possessing specific knowledge on a subject. The U.S. employer must show proof that they need this foreign worker and prove that the job cannot be performed by a local citizen because they are not qualified or are unavailable. There are certain requirements that must be met to classify as an H-1B Temporary Worker, including:

  • The applicant must have an employer-employee relationship with the U.S. company.

  • The applicant must hold at least a bachelor’s degree or an equivalent degree for the position.

  • The job is in a specialty occupation related to the applicant’s field of study.

  • The employer must have a labor condition application (LCA) certified by the U.S. Department of Labor.

  • The prospective employee must be paid the minimum or prevailing wage for the occupation, whichever is higher.

  • An H-1B visa number must be available at the time the petition is filed, unless the petition is exempt from limitations.

Examples of H-1B workers include but are not limited to:

  • Engineers (Civil, Mechanical, Chemical, Software)

  • Doctors/Physicians

  • Biologists

  • Chemists

  • Architects

  • Accountants/Auditors

  • College/University Professors

Employer Obligations

The immigrant must make sure to have any requested identification and documents upon application. However, they are not the only one who has to fill out paperwork. To initiate the petition process, the employer must:

  • Complete the Petition for Nonimmigrant Worker (Form I-129) and any relevant supplements.

  • Pay any filing fees, including the biometric services fee (if applicable).

  • Submit all required evidence and supporting documents.

  • Sign and file Form I-129 at the correct filing location according to instructions.

Contact an Itasca Immigration Lawyer

Immigrating to the United States can be an intimidating process for anyone who wishes to legally enter the country. In some cases, a person can obtain a visa to work for a company that is in the United States. At the law firm of Unzueta Law Group, P.C., we have extensive experience handling immigration-related matters, and we are committed to helping our clients pursue their dreams. Consult with our dedicated DuPage County immigration visa attorneys to find the answers to your questions. To schedule a private consultation, call our office today at 630-509-2363.


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