The H-1B visa is a type of nonimmigrant visa that allows U.S. employers to recruit certain highly-trained applicants to come and work in the United States for a certain period of time. These visas are highly sought-after and have very specific eligibility requirements. Below are some answers to some important questions regarding H-1B visas and the process of getting one.
Do I Qualify for an H-1B Visa?
In order to qualify for an H-1B visa, both the employee and the job for which the employee is being recruited must meet certain requirements. The position must normally require a bachelor’s degree, and the worker must hold a bachelor’s degree or have an equivalent degree, education, licensure, or relevant work experience.
Are Family Members able to Enter the U.S. under an Individual’s H-1B Visa?
Yes. U.S. immigration law allows a worker’s spouse and children to enter the United States by making them eligible for an H-4 visa. Each family member is required to obtain his or her own H-4 visa in order to gain entry.
How Many H-1B Visas are Available?
H-1B visas are subject to a congressionally mandated cap of 65,000, and there are generally over 200,000 applications each year. As a result, the United States Citizenship and Immigrations Services (USCIS) often uses a lottery system in order to determine who gets a visa. Importantly, there are certain categories of employment that are not subject to the cap, so it is important for potential applicants to explore all of their options when pursuing an H-1B visa. H-4 visa holders may attend school in the United States without a separate student visa and, in some cases, may be eligible for work authorization.
Do Applicants Need to Hire an Attorney to Obtain an H-1B Visa?
While there is no requirement for individuals who are applying for an H-1B or any other type of visa to retain a lawyer, doing so is really the best method to insure full compliance with the very complicated laws. Some ways that an experienced attorney can help visa applicants include the following:
- Explore all avenues to entry into the United States and determine which fits a particular applicant’s situation best;
- Identify and mitigate any potential issues that could delay or even result in the denial of a visa application;
- Help collect documentation and fill out the paperwork associated with a visa petition;
- Represent applicants in any administrative hearings or court proceedings that may occur.
Of course, every situation is different and the level of attorney involvement will depend on the particular complexities of a given case. For this reason, it is always best to consult with a lawyer before starting the visa application process.
Contact a Hollywood, Florida Immigration Attorney Today to Schedule a Consultation
If you are considering pursuing an H-1B visa, you should speak with a Florida immigration lawyer as soon as possible. Attorney Alex T. Barak as more than 30 years of experience practicing law in Florida courts and is personally dedicated to helping his clients resolve their immigration issues as favorably as possible. To schedule a consultation with Mr. Barak, call our office today at (954) 399-7778.