The H-1B program allows companies in the USA to employ foreign nationals in positions that require highly specialized knowledge and expertise for a limited duration. It is one of the most well-known and popular nonimmigrant visas available to foreigners. It allows for a duration of up to six consecutive years, while also providing principal’s spouse and minor (under 21 years old) children with H-4 visas, allowing them to accompany H-1B visa holder in the United States. These family members can legally study in the USA, while also having an opportunity to submit an employment authorization if they wish to work in the US themselves.
H-1B Visa Benefits
- No limit on the amount of H-1B visas a candidate may have in their lifetime
- H-4 visas available to spouse and children under 21
- It is possible to change employers during your stay in USA
- Unlike the E-2 visa, H-1B program is available to nationals of any country
- H-1B is a “dual intent” visa – you can pursue legal permanent residency while under H-1b nonimmigrant status
General Requirements & Application Process
Potential H-1B holder must be in possession of a job offer from a US-based company. The application process is then initiated directly by the employer, who submits an H-1B visa application and a I-129 form to USCIS. The job offered must be a “specialty occupation”, meaning that the specific skills required are only available to candidates holding a bachelor’s (or higher) degree of education in this area. Candidates must possess a bachelor’s (or higher) degree from an accredited university or college. That degree must be related to the H-1B specialty position’s requirements. In case of insufficient education, previous work experience can be used as a substitute, generally following the “3 years of work experience equals 1 year of missing education” rule. Foreign professionals must also receive an amount that is at least equal to the “prevailing wage” in the field. It is also important to mention that every fiscal year, only 65,000 H-1B visas are authorized by USCIS, with nonprofit entities, research, educational and government organizations being exempt from this cap.
Develop your career in the world’s most attractive job market!
The H-1B visa application process is lengthy and very competitive, so getting an experienced immigration attorney’s help and guidance in submitting a petition with your employer is always a good idea. Here at AmLaw Group, we understand how important it is to have a professionally prepared petition, submitted with all required documents included in accordance with strict deadlines imposed by the USCIS.
Russian speaking attorney H-1B in Miami (Florida)
Based in Miami, Florida our experienced and dedicated lawyers are always committed to making the immigration process simple, stress-free and transparent. It is also important to note that there is always an opportunity to have an appointment with a Russian-speaking attorney H-1B if you feel more comfortable that way. Find out if the H1-B visa is a right choice for you and get professional advice by reaching us at (305) 509-6400 or leaving your contact details below, so we can contact you at your earliest convenience.