If You Need a H-1B Visa to Work in the US, We Can Help

Instead of applying for a general US Work Visa for any type of job, foreigners who can perform a high level of skill in a “specialty occupation” can apply for the H-1B Visa.  With limited job opportunities in the US for highly skilled foreign individuals, this category is attractive to workers with the proper background and training.  Already, the quota of 65,000 H-1Bs for the fiscal year of 2011/2012 has been filled.

No new H-1B Visas will be accepted until April 1, 2012. 

If you wish to apply for an H-1B Visa for the next fiscal year, it’s crucial that your application is completed without any mistakes, or you may lose your position to more prepared applicant.  When you get professional help from an immigration lawyer, the often complicated application process is expertly handled by experienced attorneys.

Niren & Associates has over 30 years combined experience with US immigration law, and has overseen the approval of thousands of H-1B applications.  We work closely with you on your unique case, and increase the likelihood that you will be successful.

Since this year’s quota has been filled, you can contact us for alternative solutions. A TN Visa or L-1 Visa may be a suitable alternative.

If you’d like to apply for the H1B visa, contact our Edmonton immigration law office for more information.

I crossed the border today and was granted my work visa with no problems whatsoever. Thank you so much for all of your help! – Alicia E.

H-1B Visa Requirements

In order to qualify for the H-1B Visa, the following conditions must be met:

  • You must perform services in the U.S. in a specialty occupation;
  • You must have a job offer from a U.S. employer that offers you the “prevailing wage” paid in the same U.S. geographic area for similar work that you will be performing;
  • A bachelor’s degree or higher is the minimum requirement for entry into that position;
  • The degree requirement is common to the industry in parallel positions among similar organizations or the duties of the positions are so complex that only a person with a degree can perform them
  • The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with a bachelor’s degree
  • Your U.S. employer normally requires a degree for the position offered
  • You must have the correct background to the job offered

It is important to note that where a degree is not usually required for an occupation, an H-2B Work Visa may be appropriate.

The 4 Steps to Applying for a H-1B Visa

Prevailing Wage Determination

The employer must determine the “prevailing wage” for the complete job offered to the foreign national. This is usually done by filing a request with the state employment security agency (SESA). The wage must be higher than or within 5% of the prevailing wage in the state on the indented employment.

Employer’s Attestation

The employer must file a Labor Condition Attestation (LCA) with the United States Department of Labor (DOL). The LCA contains information about the nature of the occupation, the number of foreign workers that have been hired by the employer and the wages paid to the foreign workers.

The LCA also contains a written promise that:

  • foreign nationals will be paid the higher of the prevailing wage or the actual wage paid to similarly situated workers;
  • there are no strikes or lockouts in process involving jobs to be filled by H-1B Visa workers
  • that the employer has given notice of the filing of H-1B attestations to either the labor union (if one exists) or has posted notice of the filing in a conspicuous place for other workers to see

The DOL will certify the LCA if it has been completed properly and will provide the employer with an endorsed copy which will be used in support of the H-1B petition.

Employer’s Petition

The employer files the H-1B Visa Petition with the INS Service Center in the United States.

H1-B Visa Application

Once the Petition is approved, the application is filed by the foreign national to the U.S Consulate. If you are Canadian, you can simply go to a US port of entry with the approved petition and be admitted.

Processing times range from 9 to 14 weeks depending on the INS Service Center that has jurisdiction over the case.

Our Edmonton Immigration Lawyers Will Take Care of the Complicated Process

The application for the H-1B Visa needs to be filled out properly, and is known to provide challenges to the applicant.  Prior to preparing the application, however, are a series of important steps that require attention.  Our legal team is aware of all the challenges that may arise during this process, and can expertly guide your case through the appropriate channels.

Leave the complicated legal steps to our experienced attorneys, and you can concentrate on other plans, like living arrangements and transportation.

Contact our Edmonton, IL immigration lawyers to help prepare your H-1B case