H-1B Visa Immigration Attorney in the U.S.
If you’re a foreign professional with a bachelor’s degree and a job offer from an American employer. then the H-1B visa program may be a good fit for you! It allows you to work in the U.S. for your employer for up to six years. At AmLaw Group, our H-1B visa attorneys will help you find the best way to turn those immigration dreams into a reality.
With our unique immigration philosophy and strategic approach, AmLaw Group’s visa attorneys successfully obtained a 98% approval rate for our clients’ petitions. Talk to our H-1B visa attorneys in Miami, Florida to get started with visa application today!
What You Should Know About the H-1B Visa
The Classic H-1B Applicant
The H-1B work visa is eligible for specialized workers whose specialization requires certain skills and qualifications such as engineers, architects, accountants, and programmers. For generalists such as managers and marketing specialists, it may be more difficlut to obtain an H-1B visa.
If this sounds like you, get in touch with our H-1B Visa attorneys to check your eligibility and get started with your immigration application.
Benefits of the H-1B Visa
The H-1B application does not require labor certification.
You have the possibility of switching to a green card (EB-2 / EB-3) if your employer is willing to sponsor you.
Your family will receive H-4 visas, allowing them to live and study in the United States.
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Requirements for H-1B Visa
To obtain an H-1B visa, you must provide the following:
A diploma not lower than a bachelor’s degree in the same specialty in which you are invited to work in an American company, or its equivalent. If the diploma is not obtained at an American university, then it is necessary to prove that it is equivalent to an American diploma.
If you have studied in a specialty for less than four years, then it is necessary to provide a document confirming that you have work experience in this specialty (three years of work experience are counted for one year of study).
A copy of the employment contract between you and the company. You can also use a document that spells out the proposed working conditions, if there is no formal written contract.
Declaration of working conditions submitted by the employer and approved by the US Department of Labor no later than 6 months before the start of work.
Not sure if you are qualified for an H-1B visa? Our experienced immigration attorneys will check your eligibility and provide you with quality legal assistance throughout the application process.
Processing Times for H-1B Visa Applications
The H-1B work visa application process is initiated by the your prospective employer (he will be filing the petition). First of all, the employer must complete a lottery application for permission to file an H-1B petition. This lottery is held annually in March. Also, the employer must submit a statement of working conditions to the US Department of Labor.
Then, provided that the application won the lottery, the employer collects a package of necessary documents and sends the package for consideration to the US Citizenship and Immigration Service.
The petition is reviewed by the Immigration Service within 4-6 months. If approved, you must pass an interview at the American consulate to obtain a visa (approximately in October).
Getting A Green Card Through An EB-2 / EB-3 Visa
H-1b is a nonimmigrant visa and does not in itself qualify for a green card. However, there is the possibility of switching to a green card, subject to the interest of the American employer in this employee. Then the employer can sponsor him for an EB-2 / EB-3 immigrant visa.
There are also a few other things to take into consideration when it comes to EB-2 / EB-3 visa.
The petition is always filed by an employer in the United States.
The visa is issued for three years and can be extended for another three, that is, the maximum period of stay in the United States on this visa is six years.
Every year, the United States issues a certain number of quotas for this visa category, which are raffled among all applicants in the spring of this year. It happens as follows:
1. In March of this year, the employer submits an application for the participation of a potential employee in the drawing of visa quotas. The results of the draw will be ready by March 31;
2. If the applicant has won the quota, a petition is being prepared, which must be submitted to USCIS within 90 days;
3. The petition is considered either within 2 to 6 months (the period depends on the service center to which the petition is submitted), or within 15 to 30 days (upon payment of the state duty for an expedited review);
4. If the petition is approved by the Immigration Service, a visa is issued. The applicant will be able to go to work in the United States no earlier than October 1.
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