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America\u2019s large and dynamic economy is in constant need of global talent, offering plenty of options and opportunities to skilled and experienced workers worldwide. Among the most promising pathways to United States is the H-1B Visa, designed to attract foreign workers to perform services in a \u201cspecialty occupation\u201d or as a fashion model. Like all programs in the U.S. immigration system, the H1-B has complex requirements and procedures that must be meticulously met to better your chances of success.<\/p>\n\n\n\n
Whether you are an employer seeking a qualified foreign worker for your business, or a foreign national wishing to take your skills to America, Jurado & Associates, P.A.<\/a> is ready to be your partner and guide on your journey through H-1B process.<\/p>\n\n\n\n An Overview of the H-1B Visa<\/strong><\/p>\n\n\n\n In basic terms, the H-1B is designed to attract foreign workers with certain skills, knowledge, and qualifications to benefit U.S. employers. Thus, an H-1B candidate must have a job lined up with a U.S. employer, who will be responsible for obtaining and submitting the applicable paperwork. Without a job offer, the candidate cannot even begin the process of obtaining an H-1B. <\/p>\n\n\n\n Crucially, the position being offered to a prospective foreign worker must also meet H-1B guidelines\u2014namely, it must have the characteristics of a \u201cspecialty occupation\u201d under the regulations. The employer must prove that the H-1B position requires:<\/p>\n\n\n\n Additionally, the job must meet one of the following four criteria to qualify as a specialty occupation:<\/p>\n\n\n\n In other words, you cannot assume the position will obviously appear to be a specialty occupation to U.S. Citizenship and Immigration Services (USCIS). Even if the job title or industry seems specialized on its face\u2014for example, you are seeking a computer engineer for your tech company\u2014you will still be required to provide detailed evidence about how and why it requires highly specialized knowledge, what the industry standard requires, and so on.<\/p>\n\n\n\n As for the foreign worker, they must prove they are qualified to perform services in a specialty occupation by meeting one of the following criteria:<\/p>\n\n\n\n None of these criteria are an exact science, and there are various ways they can be met depending on the circumstances of the employer, the nature of the business<\/a>, and what the foreign worker\u2019s background. That is why the individualized approach of Jurado & Associates, P.A. is so vital.<\/p>\n\n\n\n Obtaining a Labor Certification <\/strong><\/p>\n\n\n\n Ensuring that both the job position and the foreign worker meet H-1B requirements is only half the battle. Although the U.S. welcomes tens of thousands of nonimmigrant workers every year, it also has strict regulations designed to protect American jobs from foreign competition. <\/p>\n\n\n\n Thus, even if the position qualifies as a specialty occupation for which the foreign worker<\/a> is proven to be qualified, you must prove that employing the foreign worker will not be at the expense of U.S. workers.<\/p>\n\n\n\n This requirement is met through the PERM process<\/a>, through which pr\u043e\u0455\u0440\u0435\u0441tiv\u0435 H-1B \u0435m\u0440l\u043e\u0443\u0435r must \u043ebt\u0430in an approved \u201cLabor C\u0435rtifi\u0441\u0430ti\u043en \u0410\u0440\u0440li\u0441\u0430ti\u043en\u201d (LCA) from the U.S. Department of Labor (DOL). An LCA includes details about the position as well as promises by the employer that hiring the H-1B candidate will not adversely impact U.S. workers. <\/p>\n\n\n\n Among other things, the PERM process requires the employer to undertake several efforts at recruiting U.S. workers, demonstrate that they will pay the foreign worker the \u201cprevailing wage\u201d for that position (i.e., not employing cheaper foreign labor), and prove that they made a good-faith effort to consider any U.S. candidate who applied. All this must be done in accordance with DOL requirements, and completing the PERM process is itself a multistep endeavor that can take extra time without proper legal guidance.<\/p>\n\n\n\n Only with an approved LCA can the employer then submit Form I-129, Petition for Nonimmigrant Worker, along with all documentary evidence.<\/p>\n\n\n\n By law, the number of people who can receive H-1B status every year is limited to 65,000. This makes it crucial that the entire application is done as effectively as possible, from obtaining the LCA to submitting the proper forms, fees, and evidence.<\/p>\n\n\n\n Note that certain applications are exempted from this limit, including the first 20,000 \u0440\u0435titi\u043en\u0455 filed on behalf of workers with a U.S. master\u2019s degree or higher, and petitions by institutions of higher education, nonprofit research organizations, or government research entities. <\/p>\n\n\n\n The H-1B cap is set by Congress and thus subject to legislative change in the future. Hence why it is crucial to hire qualified immigration attorneys<\/a> who keep up to date on this complex visa requirement. <\/p>\n\n\n\n The H-1B Visa is a \u201cnonimmigrant\u201d classification, meaning the foreign worker must eventually leave the U.S. The initial period of stay is up to three years, and typically cannot be extended beyond six years. <\/p>\n\n\n\n However, there are ways around this limitation: H-1B holders have the option to file for legal permanent residence\u2014a.k.a., a Green Card\u2014while they remain in status. If the Green Card application is made before the beginning of the sixth year of their H-1B status, the visa can be extended by one-year increments indefinitely until they receive a decision on their residency decision. <\/p>\n\n\n\n Maximizing your potential duration of stay\u2014including the possibility of obtaining a Green Card\u2014requires careful timing and a clear understanding of the law, making professional legal counsel crucial.<\/p>\n\n\n\n Fortunately, the H-1B worker does not have to leave their immediate relatives behind: Spouses and unmarried children under 21 years may seek \u201cH-4\u201d status that is tied to the duration of the H-1B holder. Likewise, H-4 nonimmigrants may also petition for a Green Card along with the H-1B worker. <\/p>\n\n\n\n Note that those H-4 status may not work in the United States, although children can attend school.<\/p>\n\n\n\n As should be clear by now, an H-1B Visa is not something to pursue lightly. Both the U.S. employer and the prospective foreign worker must fulfill a wide range of requirements, some of which\u2014like obtaining an LCA\u2014are multistep processes in themselves.<\/p>\n\n\n\n This is where an expert Immigration Attorney from Jurado & Associates<\/a> comes in. Our team offers years of experience and knowledge helping clients over the world with their immigration matters. We have helped employers and workers alike navigate the complex H-1B process and devise the most effective strategies for increasing their chances of approval.\u00a0To learn more or schedule a consultation, call (305) 921-0976<\/a> or email info@juradolawfirm.com<\/a>.<\/p>\n\n\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" America\u2019s large and dynamic economy is in constant need of global talent, offering plenty of options and opportunities to skilled and experienced workers worldwide. Among the most promising pathways to United States is the H-1B Visa, designed to attract foreign workers to perform services in a \u201cspecialty occupation\u201d or as a fashion model. Like all…<\/p>\n","protected":false},"author":1,"featured_media":9006,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"With the right skills, qualifications, and expertise from an experienced Immigration Attorney, you may qualify for the H-1B Visa and gain a foothold in the United States.","_seopress_robots_index":"","_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"taxonomy_info":[],"featured_image_src_large":["https:\/\/juradolawfirm.com\/wp-content\/uploads\/2022\/02\/h-1b-1024x470.jpg",1024,470,true],"author_info":{"display_name":"Romy Jurado","author_link":"https:\/\/juradolawfirm.com\/author\/romy\/"},"comment_info":0,"_links":{"self":[{"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/pages\/9004"}],"collection":[{"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/comments?post=9004"}],"version-history":[{"count":0,"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/pages\/9004\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/media\/9006"}],"wp:attachment":[{"href":"https:\/\/juradolawfirm.com\/wp-json\/wp\/v2\/media?parent=9004"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}The H-1B Cap<\/strong><\/h2>\n\n\n\n
Duration of Stay<\/strong><\/h2>\n\n\n\n
Family Members<\/strong><\/h2>\n\n\n\n
Hire Specialists in the H-1B Visa \u2013 Jurado & Associates, P.A.<\/strong><\/h2>\n\n\n\n