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H-1B Visa Attorney in Cupertino

Who is the H-1B for?

Do you wish to work in the United States on a temporary basis, in a specialty occupation? The H-1B Visa is a nonimmigrant visa that gives permission to foreign nationals to enter and work in the United States in jobs that are considered "specialty occupations."

What are the requirements for an H-1B visa?

A specialty occupation is one which requires "theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation." Examples of these occupations include those pertaining to the Department of Defense and that of a fashion model. Other examples include architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology and arts.

In order to qualify as a 'H-1B Specialty Occupation,' the job must meet one of the following requirements:

  • The individual has his/her U.S. Bachelor's degree or a higher degree
  • The individual holds a foreign degree that is equivalent to the U.S. Bachelor's or higher degree in the specialty occupation
  • The individual holds an unrestricted state license, registration or certification which authorizes him/her to practice the specialty occupation in that state of intended employment
  • The individual has education, training or experience in the specialty that is equivalent to the completion of such a degree

How to Submit an H-1B Visa Petition

When an employer with a tax ID/FEIN number has a need for a specialty occupation, he/she can sponsor a foreign national for up to 6 years. The employer must file with the Department of Labor and then file a petition for a nonimmigrant worker with U.S. Citizenship and Immigration Services (USCIS). This visa petition process can take several weeks or months unless a premium processing fee is paid, which speeds up the process to 15 days.

To qualify for an H-1B visa, you must demonstrate that:

  • You have the capability to work in a specialty occupation
  • You are seeking to enter the United States temporarily
  • You are seeking to work in a professional capacity
  • You have a minimum of a Bachelor's degree or equivalent experience

The H-1B is granted in three year increments. After six years, if a labor certification application or I-140 petition has been pending for more than 365 days, an individual can apply for one year extensions. Three year extensions are available for certain persons with approved I-140 petitions and pending I-485 applications. Otherwise, an individual has to leave the US for one year before becoming eligible to return with a new H1B Visa.

Other pieces of information you should be aware of that pertains to a H1-B specialty occupation:

  • Your spouse and children can enter the US with you on an H4 Visa
  • If you are fired or laid off your job, you lose your H-1B status immediately
  • An employer can file a new petition and your H-1B Visa can be transferred to a new employer
  • You can apply for permanent residence while on an H-1B Visa

When applying for an H-1B Visa, you will need a Labor Condition Application, an employment offer letter, educational evaluation of foreign national's degrees, copies of foreign national's degrees, resume, copies of professional licenses, foreign national's tax returns/paystubs/W-2 forms, marriage and birth certificates (if applying for H4 dependents) and passport size photographs. This is not an exhaustive list and may not be appropriate in all situations.

Other Resources Available To You

If you are interested in obtaining an H-1B Visa, speak with Cupertino immigration attorney at The Law Offices of Timothy D. Widman today! The firm's business immigration lawyer has represented tech startups, small businesses, and corporations with their immigration needs. You can reach Attorney Widman now by dialing (408) 780-1684! He welcomes clients from all across Santa Clara, Mountain View, Sunnyvale, Milpitas, Fremont, and other areas in and around San Jose.

For more helpful information, you can also check out the following links:

  • "H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models," U.S. Citizenship and Immigration Services
  • "Work Authorization for non-U.S. Citizens: Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas)," United States Department of Labor
  • H1 Base, "H-1B Visa Jobs / Professions / Occupations"

Timothy Widman's Blogs About the H-1B Visa: