People with job offers for a job that requires a bachelor’s degree (typically a 4-year degree) and specialized skills can apply for an H-1B visa. To make sure the workers are protected and to make sure the American job market remains healthy, the company must pay the “prevailing wage” for that position in the same area. For example, a Boston computer programmer needing an H-1B visa would need to be paid the prevailing wage for a computer programmer or what the company pays other computer programmers in the same position, whichever is higher.
If you need help with an H-1B visa as an employee or employer, Gorton Law LLC can offer experienced guidance and representation. Results-driven and knowledgeable, our business immigration attorneys know what it takes to persevere in these complex immigration cases. From our office in Malden, Massachusetts, we serve clients in Medford, North Boston, Everett, and the surrounding areas.
“The H-1B visa is part of America’s answer to help skilled and educated workers come to the United States. The H-1B visa will be very familiar to many who go on to get employment-based green cards, as it is the “stepping stone” between the student visas (F-1 / J-1) and the green card. Unfortunately, the ability to step on this “stepping stone” is almost entirely determined by lottery. Employers and job candidates alike can contact Gorton immigration lawyers for more information abou the H-1B Visa’s role in the student-to-graduate pipeline.” ~Attorney Jamie Gorton, Managing Attorney.
The U.S. government issues 65,000 H-1B visas each fiscal year, and an additional 20,000 are available for foreign workers with master’s degrees or higher obtained from a U.S. university or higher learning institution. The number resets each year on October 1st, but the visas are typically allocated by mid-summer. Foreign workers employed in specialty occupations may be eligible for an H-1B visa. Requirements include the following:
Individuals working in occupations requiring expertise in specialized fields involving science or technology may be eligible for an H-1B visa. Our immigration lawyers have represented employers throughout Massachusetts in industries as diverse as civil engineering, graphic design, construction, acoustic engineering, software development, and even hospitality.
You will need a job offer from a company willing to apply for your visa, and that job offer must be for a specialty occupation. But, depending on the nature of your employer, you may be subjected to the annual limit of H-1Bs given every year. For example, the limit in 2018 was 65,000 visas, and 199,000 applications were filed. So, many applicants require both a job offer and a little bit of luck. Applicants may need luck because USICS conducts a random lottery to pick out the cases they will adjudicate that year.
There are exceptions:
If you do not get a number in the lottery, your application will be returned to the company (or the company’s immigration attorney).
Most applicants need to wait until the annual H-1B application season, which is conducted in the first week of April. USCIS will perform the lottery shortly thereafter. If your employer is not cap-subject, you do not need to wait for the lottery and can apply at any time.
An H-1B visa on its own will not turn into a green card; instead, a company must file for employment-based immigration benefits for you. But, an H-1B visa will not stop you from using the adjustment of status process to help you get your residency without leaving the U.S., if the employment-based immigration visa is approved.
The business must complete an additional application process before applying for visa approval. Employers wishing to bring foreign workers into the country must first determine that the rate of pay meets the “prevailing wage” for the area. Then, the employer must file a labor condition application with the U.S. Department of Labor. This “labor condition application” binds the employer to certain legally enforceable promises to the government about the H-1B program. After collecting the needed documentation, the business can petition the U.S. Citizenship and Immigration Services for visa approval under the program. At the consultation, an H-1B visa lawyer in Boston could review all the documentation, help submit the application, and provide legal guidance throughout the process.
The foreign worker must also have the licensing needed to obtain employment. For example, if you wish to enter the U.S. for employment as a doctor, you must have a U.S. medical license before applying.
The H-1B process has several different steps, and an adept immigration lawyer can navigate your case through the different government agencies that process the H-1B specialty occupation visa.
These steps include:
Our Boston H-1B visa attorneys assist such representative specialty occupations as:
Employers wishing to hire foreign nationals working in specialty occupations who meet the requirements provided by the USCIS may be eligible to apply for H-1B visas to allow temporary work in the country. Those candidates who qualify work in specialty occupations and have theoretical and practical job experience.
While you may meet the requirements to apply, the process is time-consuming and complex. A knowledgeable legal professional can provide guidance. Call us today to schedule a consultation with a Boston H1-B visa lawyer who can answer your specific questions and help determine eligibility.
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