Companies and organizations in the U.S. hire foreign workers to fill specific needs, especially in the fields of science, technology, engineering, and mathematics.
A foreign national interested in working in Boston or in any other part of the U.S. can take several paths towards that goal. The government has different types of employment visas available and one of the most popular is the H1-B visa.
The H1-B evisa is a nonimmigrant work visa allowing temporary employment in the United States. It is meant for people in specialty occupations and requires both theoretical and practical job experience.
The visa is sponsored by the United States employer. That means you need to have a job offer to qualify for this type of visa.
Once approved, this visa allows you to work for the employer anywhere in the country. You are also free to travel in and out of the country.
The application process for an H1-B is different from immigrant-level employment visas. If you need help understanding or navigating the laws covering this, schedule a consultation at Nomos Law Group. We have experienced Boston H1-B visa attorneys ready to help.
The first question you need to answer is if you are eligible for an H1-B visa. The first requirement is that you have the expected level of education. To qualify, you need to have at least a U.S. bachelor’s degree, or the foreign equivalent.
Second, you need to have the necessary qualifications allowing you to lawfully perform the duties of the profession. For example, if you are entering as a doctor, you need to be licensed before starting the application process for an H1-B visa.
You also need to be in a specialty occupation to be considered for this temporary work visa. These include:
You can contact a Boston H1-B visa attorney to determine if you qualify as belonging to specialty occupation.
The typical process to get an H1-B visa starts with your employer in the United States. Your company will have to acquire a Labor Condition Application approval from the U.S. Department of Labor. Next, your employer needs to file an H1-B visa application petition with the U.S. Citizenship and Immigration Services.
Once the petition is approved, you need to go to your country’s U.S. consulate to apply for the visa and get the proper visa stamp. That will involve compiling several documents to submit to the consulate.
It is important to remember that every applicant is subject to approval. You need to be eligible and have all the proper requirements. At the Nomos Law Group, we have experience in guiding foreign nationals through the entire process. If you need help from an H1-B visa lawyer, contact us today.
If you are granted an H1-B visa, you can stay and work in the U.S. for three years. You can extend that for another three years before expiration. That gives you a total of six years.
But that does not mean you have to return to your home country or leave the U.S. immediately upon expiration. The H1-B is a dual intent visa.
What that means is you can apply for a change of status and acquire an immigrant visa instead. Of course, you will need to qualify and be eligible in order to apply for this benefit. Regardless, this opportunity makes the H1-B a very popular visa for foreign nationals.
The process of extending your H1-B visa is similar to your initial application. You will pay the same fees, except for the Fraud Prevention and Protection Fee.
Your employer will need to get the same certification from DOL and an approved petition from USCIS.
Whether you are applying for an H1-B visa or extending, consult an H1-B visa lawyer at the Nomos Law Group.
Nomos Law Group LLC is a law firm that focuses on immigration law, with commitment, dedication, compassion and responsibility.
Our mission is to help individuals, families and businesses with the following immigration solutions for: family migration, asylum, citizenship and naturalization, work-based green card, temporary work visas, deportation and removal advocacy, visa change, visas students and visitors, and all other issues related to immigration.
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