What are the requirements for an H1B1 Visa?

H1B1 Visa Requirements

Applying for a non-immigrant visa is generally quicker and more straightforward than applying for a green card. In particular, several foreign nationals are keen on applying for a dual intent H-1B. For one, a non-immigrant visa holder under this category may apply for permanent residence and obtain a US green card. Additionally, through family-based immigration, their spouse and children (below 21 years old) may qualify under the H-4 visa category and reside in the United States. The H-1B visa is initially granted for up to three years in terms of length of stay. This may then be extended to up to six years.

While proceeding with an H-1B visa petition offers a lot of promise, few visa applications are successful due to the visa cap. A total of 85,000 new H-1B visas are made available for every financial year. This includes 65,000 new H-1B visas available for overseas workers in specialty (professional) level occupations with at least a bachelor’s degree and an additional 20,000 visas available for specialty workers with an advanced degree from a US academic institution. Due to this minimal availability of H-1B visas, many employers find it helpful to consider filing H1B1 petitions for eligible alien candidates.

What are the H1B1 visa requirements? If you need to learn more about the paperwork required by the United States Citizenship and Immigration Services (USCIS Office), consult with a credible Hallandale Beach business immigration attorney. They can help you understand relevant US immigration laws and USCIS forms required for H1B1 visas.

What this article will discuss are the following aspects of an H1B1 visa application:

An Overview of the H1B1

The US – Singapore Free Trade Agreement and the US – Chile Free Trade Agreement created this non-immigrant work visa. Here, 5,400 H1B1 visas are available for Singapore citizens, and 1,400 are available for foreign nationals from Chileans. Filing H1B1 visa petitions does not preclude citizens of Singapore and Chile from applying for a regular H-1B visa petition.

Unlike in the case of an H-1B visa, an H1B1 does not require a Form I-129 Petition for Nonimmigrant Worker to be approved by the US Citizenship and Immigration Services. A Form I-797 Notice of Action is also not necessary. A candidate may apply for an H1B1 visa directly at the US Consulate in their home country. What must be submitted are: a detailed employment offer letter, a Labor Condition Application (LCA) certified by the Department of Labor, and other relevant supporting documents.

Like the H-1B, an H1B1 allows qualified advanced degree professionals to work in the United States. However, an H1B1 visa applicant must demonstrate that they do not intend to immigrate to the United States. In short, a foreigner on an H1B1 visa may not apply for lawful permanent resident status. H1B1 are multiple-entry visas valid for a maximum of 18 months. Extensions and renewals are allowed. An experienced Florida immigration lawyer can expound on the pros and cons of this visa type.

Specialty Occupation Eligibility

Like the H-1B visa, the H1B1 allows US companies to employ graduate-level workers in specialty occupations that require technical or theoretical expertise. These specialized fields could include accounting, architecture, engineering, finance, information technology, mathematics, medicine, and the sciences.

For purposes of evaluating eligibility for certain immigration status, a job is generally considered as a specialty occupation if it meets one of the following criteria:

  • The job must have a minimum entry requirement of a bachelor’s or higher degree or its equivalent
  • The employer typically requires a degree or its equivalent for the position
  • The degree requirement for the job is common to the industry
  • The job is so unique or complex, to an extent where it can be performed only by an individual with a degree
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with attaining a bachelor’s or higher degree.

Seeking Legal Help from a Trusted Business Immigration Attorney

As with any other aspect of the immigration service, it is essential to be aware of the different qualifications, eligibility, and requirements. In general, a foreign national applying for an H1B1 must prepare the following supporting documents:

  • A job letter from the employer, specifying the details of the temporary position (such as the description of the employing company, qualifications of the applicant, job responsibilities, salary and benefits, and duration) and confirming the employment offer
  • A certified and annotated form ETA 9035 or 9035E from the US Department of Labor provided by the employer

If you have any questions on the qualifications and requirements for an H1B1 visa, it is advisable to consult with credible Florida immigration lawyers.

As such, we highly recommend availing the legal services of professionals from an established Florida immigration law firm. Contact us at Amlaw Global, and our hands-on Florida immigration attorneys will be glad to help you with your H1-B visa application

Ask A Business Immigration Lawyer

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