H-1B Visas

This Visa allows foreign professionals to work in the U.S. Employers can temporarily hire qualified foreign individuals in specialty occupations. When USCIS Approves the petition filed by the employer, the worker will get an H-1B visa or opt to change status if the professional is already state-side. H-1B visas are good for three years and renewable once for a maximum of six (6) years before looking for other options that we can help you with if you decide to make the United States a more permanent residence


H-1B (The Visa Process)

The two most significant factors involved in H-1B are:

  • Having the sponsorship of a U.S. based employer that is eligible and,
  • Two, willing to file an H-1B on his/her behalf and the petition with USCIS.
H-1B Visa Requirements:
Your position:

The job you perform must be filed as a «Specialty Occupation» this implies that the applicant has a bachelor’s degree or the equivalent. You also may qualify if you have enough certificates that demonstrate your level of knowledge. Due to the complexity of the work, some fields may not require a bachelor’s degree; however, years of work experience can take the place of years of college experience on a case-by-case basis.

Education Requirements:

Your degree must come from an accredited educational institution or university. And your degree must have an equivalent level in the United States.

Work experience is not a prerequisite if holding a bachelor’s degree. Some education requirements may be substituted with work experience. It is safe to assume that you need three years of work experience for every year of college for this Visa.

Department of Labor and USCIS requirements:

This Visa requires that your employer must submit an I-129 form and to have a certified Labor Condition Application from DOL and observe the following rules:

  • Prevailing Wage Determination. This is a determined average wage paid to U.s. employees in similar fields. The foreign professional must receive at least the given prevailing wage.
  • Your employment in the U.S. will not affect the working conditions in your field.
  • The employer is obligated to post notice of filing for H-1B internally.
  • There cannot be an existing strike/layoff/lockout within the intended field.
  • The employer must be compliant with public examination processes.
  • If the employer terminates the foreign professional’s employment before the designated time, the employer must pay the expenses associated with transportation back to the home country.
  • The employer is not authorized to grant foreign professional employment until the USCIS indicates approval.
U.S. Employer Requirements
  • It is required to have the funds necessary to pay the foreign professional.
  • The employer must provide an official job offer. An official Job Offer Signifies that documented evidence can be presented to show a true business need

Please rely on the Valdez Law Firm to help you find the best way to achieve your H1-B Visa; let us evaluate your case and build an application that will get the results you are looking for. Count on the advice of highly qualified and experienced attorneys and a powerful and competent legal staff. With fast and quick filing you expect your proceedings to go as smoothly as possible. With us, you count on unlimited access to our attorneys and receive prompt and often updates regarding your Work Visa.

We are ready to discuss your future in the United States