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H-1B Visa

H-1B Visa Legal in Metairie, Louisiana

H-1B visas provide the opportunity for foreign workers to enter the United States for work purposes. These visas provide individuals a temporary visa based on their acquired skills. Like all visas, people that are eligible for H-1B visas must adhere to the regulations and conditions outlined by the USCIS. The process of obtaining an H-1B visa is not always easy, and a person must meet several requirements before obtaining one.

A cap of 65,000 visas is also placed on these types of visas every year, although some applicants are exempt from that cap. An immigration lawyer can help individuals through the process so they obtain the visa they need.

The Process of Applying for an H-1B Visa

Applying for an H-1B visa involves two main components. The applicant must be sponsored by an employer in the United States and then the employer must petition the USCIS for the visa. The employer that is willing to file an H-1B visa on behalf of the applicant must first receive a labor certification application before submitting the H-1B petition to the USCIS.

While the process of applying for an H-1B visa sounds simple and straightforward, it is not. There are many steps involved and a lot of paperwork that must be completed properly and submitted. An immigration lawyer can help petitioners and applicants throughout the process and give them the best chance of success.

Requirements for an H-1B Visa

Not all foreign nationals are eligible for an H-1B visa, even if they intend to enter the United States for work purposes. There are several requirements that must be met, and they are as follows:

  • Position requirements: The work the foreign national will perform must be considered a specialty occupation. These positions require a bachelor’s degree or an advanced level of education certification. Qualified positions may include professors, engineers, accountants, attorneys, researchers, and architects. While some positions may not require a bachelor’s degree, most do.
  • Education requirements: While foreign workers must typically have a bachelor’s degree or advanced degree to obtain an H-1B visa, that degree must come from an accredited university or college. In the event the degree was not obtained in the United States, it must be equivalent to a U.S. degree. When a person holds these advanced degrees, they do not always need work experience. The general rule is that one year of required university is equivalent to three years of work experience.

In addition to the above requirements, there are certain Department of Labor and USCIS requirements. Two of these requirements are that the worker earns the prevailing wage, and that the worker’s employment will not affect the working conditions in similar fields in the United States.

Our Immigration Lawyers in Metairie Can Help with Your H-1B Visa

If you are a worker trying to obtain an H-1B visa, or you are an employer that wants to petition for a foreign national to work for you within the United States, our Metairie immigration lawyers can help you throughout the process. At Nicaud & Sunseri Law Firm, our skilled attorneys will advise on your case, ensure all documents are filed appropriately, and take all necessary steps to help you obtain the visa you need. Call us today or contact us online to schedule a meeting with one of our attorneys.

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