H-1B Specialty Occupations
H-1B Visa Attorney in Cupertino
Do you wish to temporarily work in the United States in a specialty occupation? The H-1B category gives nonimmigrant visas to foreign nationals for this specific purpose.
A specialty occupation is one that requires "theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation." Determining what qualifies as a specialty occupation can be challenge, which is why we urge you to get in touch with our attorney at the Law Offices of Timothy D. Widman. We assist both foreign workers and U.S. employers who are using the H-1B category to advance their careers and businesses. This visa is highly competitive, and we can help you prepare a thorough, compelling petition that gives your case the highest possible likelihood of success.
How to Qualify for the H-1B Visa
To qualify for an H-1B visa, your work must fall into one of the following categories:
- A specialty occupation
- Research and development for the Department of Defense (involving exceptional merit/ability)
- Services as a fashion model (with distinguished merit/ability)
Each of the above categories have their own specific requirements. In most cases, you must possess a bachelor’s degree (or foreign equivalent) or higher, or you must have experience and training that rivals a formal education.
The H-1B Process
The H-1B category uses an electronic filing process. The sponsor (typically a U.S. employer) will need to electronically register the prospective visa recipient, a process that requires only basic information about the applicant along with a small fee. Because the number of petitions typically exceeds the yearly H-1B cap, USCIS will use a lottery system to randomly select from the electronic registrants. Those who are selected can then submit their official petition, and they may receive a visa if USCIS approves their petition.
Typically, the visa will last three years, and it may be extended. Some may be able to adjust their status to lawful permanent residence.
The Comprehensive Support You Need
Highly competitive and exceedingly complex, the H-1B visa category requires nothing short of exemplary legal support. We have represented tech startups, small businesses, corporations, and the best and brightest around the world. With your vision and our legal prowess, we can navigate this difficult process and give you or your employee the best possible chances of success.
“He always responded quickly to emails and kept us in the loop and feeling like he was always there for us during the entire process.”
“His willingness to listen and communication skills are very great.”
“He is highly intelligent, meticulous, thorough, and best of all takes a very personal, involved, and caring approach when handling your case.”