Getting an H1B visa can be a lengthy process; due to the paperwork that needs to be filed and the legal requirements that must be satisfied, many people find themselves on a tight schedule attempting to complete the process in time to receive the visa. While the process itself can’t be altered – everyone must undergo the same steps to receive the visa – there is a simple way you can expedite it and make things go much more smoothly… and rapidly.
Our attorneys will ensure that things are done correctly the first time. You and/ or your employer, while working through the H1B visa paperwork, may feel that you understand what is being requested, but odds are that at least some things will be unclear to one or both of you. A mistake in your paperwork can do more than cause a delay while it’s being fixed; if severe enough, it may force you to start over from the beginning with the entire process, meaning weeks and even months of time are lost.
The H-1B is a non-immigrant visa in the United States. It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker can apply for a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or otherwise that person must leave the US.
A “specialty occupation” is defined as one requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to:
architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts.
The H-1B requires the attainment of a bachelor’s degree or its equivalent as a minimum, such as relevant work experience, (with the exception of fashion models, who must be “of distinguished merit and ability”.) Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.
The duration of stay is three years, extendable to six. An exception to maximum length of stay applies in certain circumstances. The current law limits 65,000 H-1B visas to be granted each fiscal year. There are additional quotas in certain circumstances.
Let the experienced attorneys at Syndicate Legal provide you with a great deal of assistance in making sure everything goes smoothly throughout the entire process of applying for an H1B visa and ensure your smooth transition into the job that’s waiting for you.