H-1B/Temporary Nonimmigrant Visa

The H-1B visa is intended for temporary specialist workers and is one of the most well-known non-immigrant visas that permit holders to work in the United States. This visa is typically used by engineers, architects, and other professionals, but because of the cap, not everyone can get this kind of visa. 

If you have a bachelor’s degree and want to work in the United States, we are here to help you achieve your dreams!

Talk to our H-1B Visa attorneys at Inderjit K. Sidhu Esq. LLC. We are committed to offering high-quality legal services to ensure our clients’ immigration processes go smoothly. We have a substantial advantage over other legal firms because of our years of expertise!

Secure your H-1B visa with us. Call us immediately for a free 15-minute consultation, or visit our law office in Princeton, NJ! 

Why Do I Need an H-1B Visa Attorney in Princeton, NJ? 

Immigration processes and immigration law can be complex and tiring at the same time. If you are experiencing a hard time dealing with any immigration issues, it would be best to have a lawyer on your side. 

Below are the following benefits of hiring an immigration attorney: 

• They Can Help You Speed Up the Process – The immigration procedure can be lengthy and laborious, especially if you are alone. This happens due to the type of documents you need to submit. An immigration attorney can help you gather all the necessary forms and documents. 
• They Ensure The Process is Error-Free – Filling out wrong or misleading information on a visa application is one of the leading causes of rejection. The documentation is usually complicated and complex, and without legal guidance, there is a good chance you may wind up committing numerous mistakes.
• They Know the Complexities of Immigration Law –  A lawyer’s experience with immigration matters indicates they can manage the work without difficulty. 
• They Will Help You with the Appeal Process – Not every immigration application is approved in a snap. You have the right to appeal if you believe that your application was unfairly rejected. An immigration lawyer can explain the grounds for the refusal and guide the appeals procedure. They will gather sufficient evidence to reverse the previous verdict.

The help of an experienced immigration attorney will benefit you in achieving your American Dream. Secure your H-1B visa with the help of our reliable immigration attorney. Do not hesitate to give us a call today! 

What is an H-1B Visa? 

Employers may petition for highly educated foreign professionals to work in a “specialty occupation” that needs at least a bachelor’s degree or the equivalent under the H-1B temporary (non-immigrant) visa category.

What is a Specialty Occupation? 

The criteria for specialty occupation have two key components that need to be met: 

• • First, the employer’s position must call for a particular bachelor’s degree or the equivalent in training and experience, and
  • The second requirement is that the employee is a foreign national with the appropriate degree or its equivalent. 

What is the Purpose of an H-1B Visa? 

The purpose of the H-1B provisions is to help and support employers who cannot find qualified candidates with the necessary business skills and abilities within the American workforce. 

An H-1B provision allows the temporary employment of qualified candidates who are not authorized to work in the United States.

Key Features of the H-1B Visa 

For you to fully understand the nature of the H-1B visa, we have outlined all the essential information that you need to know: 

• • Only a single employer offering a specific job in a specified area can get an H-1B visa authorized. When one of these changes, the sponsoring company (or replacement employer) usually needs to submit a petition to the US Services for Citizenship and Immigration (USCIS). 
  • The H-1B worker is authorized to work a maximum of three years at a time for up to six years in the United States. If an employee spends less than six months a year working in the US or has passed specific requirements to become eligible for an employment-based green card, the six-year restriction does not apply to them.
  • The H-1B worker’s spouse and unmarried children under 21 who are dependent family members may travel with them on an H-4 visa. Some H-4 spouses may submit a work permit application. However, if a child turns 21 while on an H-4 visa, they lose status and must apply for another one, like an F-1 student visa, if they want to remain in the US.
  • If the H-1B employee is fired, the company must offer to cover return travel expenses to the employee’s previous home overseas. The return transportation obligation is not applicable if the H-1B worker leaves or resigns. Additionally, it does not cover H-4 family members.
  • The employer is required to inform USCIS and request the petition to be canceled when the H-1B employment expires. The employer is responsible for paying the employee’s wages as long as the H-1B petition is active.

Benefits of Having an H1-B Visa 

The following are the numerous advantages associated with the H-1B visa:

• • The application does not require a labor certification.
  • A 15-day expedited processing is possible. 
  • If your company is prepared to sponsor you for a green card (EB-2 or EB-3), you can convert to one of those categories.
  • No investment is necessary.
  • Your family will be granted H-4 visas, allowing them to reside and study in the United States.

If you are an individual who wants to have an H-1B visa but does not know how to get one, our competent H-B1 visa lawyer can help. Call our immigration law firm today!

What Are The Qualifications for H-1B Visa?

Individuals who are eligible to have a petition submitted for an H-1B visa on their behalf include:

• Individuals in a specialty occupation that requires at least a bachelor’s degree or its equivalent (H-1B Visa)
• Those who are involved in cooperative research projects administered by the US Department of Defense (H-1B2 Visa)
• Fashion models of distinguished merit and ability (H-1B3 Visa)

To determine the US equivalent of foreign degrees, it is usually a good idea to have a professional credentials evaluation agency examine the diploma and transcript.

Be aware that certain nations provide three-year bachelor’s degrees, which are ineligible for H-1B visas. You might be able to get an assessment of the educational equivalence if the potential H-1B employee has relevant experience.

The H-1B regulations of the US government offer four options for a business to prove that a bachelor’s degree is necessary for the position:

• The employer usually requires a degree for the job,
• The job duties “are so specialized and complex” that one typically needs to have a bachelor’s degree to perform them, 
• A bachelor’s degree usually is the entry-level requirement for the job, or 
• A bachelor’s degree is typical in the industry among comparable employers.

List of Jobs Approved for H-1B Visas 

Statistics on the employers who submit H-1B applications and the professions for which USCIS has granted H-1B visas are made available by the agency.  

Below is a list of jobs approved for H-1B visas taken from earlier USCIS reports:

• • Physicians and Surgeons 
  • Industrial Engineers 
  • Civil Engineers 
  • Electrical and Electronic Engineers 
  • Biologists
  • Accountants and editors 
  • Architects 
  • Graphic Designers and Artists
  • Software Engineers
  • Statisticians
  • Systems Analysts and Programmers
  • Teachers, Primary and Secondary Schools
  • Data Communication and Network Administrators
  • Economists
  • College and University Educators
  • Database Administrators
  • Investment Banking and Securities Dealing
  • Therapists
  • Surveyors
  • Pharmacists 

Some Jobs Require a State License 

Professional engineers, pharmacists, doctors, and teachers in public schools are a few professions mandated by law to have a state license to work. 

In these situations, the employer must include a copy of the applicant’s license with the H-1B petition. The employee must be in the country with an H-1B visa before the state licensing agency issues a license.

Adjudication Trends 

Even if you have a bachelor’s degree and are a potential H-1B visa holder, problems can still arise due to the adjudication trends or court orders. USCIS started rejecting H-1B petitions for market research analysts, financial analysts, and computer systems analysts in the middle of 2018. USCIS has long acknowledged these positions as qualified specialty occupations. Employers filed a lawsuit, asking the court to order USCIS to approve these cases, but legal proceedings take time. 

A legal dispute over the market research analyst position was resolved in late 2021, and this position should once more be eligible for an H-1B petition. Furthermore, a policy memo from February 2021 indicates that computer programmers and systems analysts hopefully can once more be classified as H-1B specialty occupations.

As these events continue, companies pondering on filing an H-1B petition for one of these “analyst” job categories should be careful and speak to our immigration lawyer to know the best action to take. 

Immigration is a broad field, and there are many things that you have to consider if you want to file for an H-1B visa.  Our immigration attorney at Inderjit K. Sidhu Esq. LLC can assist you in the immigration process and manage your immigration needs. Contact us today! 

Is there a Cap for H-1B Visa? 

The answer is yes. A base number of 65,000 new H-1B visas are available each fiscal year. Free trade agreements decrease this amount by 6,800 for applicants from Chile and Singapore. 

However, a provision that exempts the first 20,000 petitions each year submitted for individuals with US advanced degrees (master’s, professional, and doctorate) from the 65,000 base level effectively increases the total. The annual cap is effectively increased to 85,000 in total. 

In the United States, the fiscal year goes from October 1 of the current year to September 30 of the following year. Employers may submit H-1B lottery applications throughout the open enrollment period for the fiscal year in which the individual is expected to start working.

If you are a foreign worker or employee wanting to submit an H-1B visa petition or facing any immigration matter, our lawyers can help you out! Call us today!

How Can I Apply for an H-1B Visa? 

Before adding an H-1B employee to the payroll, the company must complete a series of procedures: 

• Create a comprehensive job description that outlines the minimum academic credentials in terms of training and experience.
• Check the applicant’s credentials to ensure they include a relevant bachelor’s degree or an equivalent combination of education and experience.
• The employer must pay the H-1B employee higher than the actual wage or prevailing wage. 
• Submit an LCA (Labor Condition Application) to the US Department of Labor (DOL) to confirm that the H-1B worker’s proposed job satisfies specific salary and working conditions criteria. The DOL usually emails you the certified LCA within a week of filing it through the online FLAG interface.
• Sign up with the USCIS for the yearly H-1B lottery if the petition is subject to the cap. To find out if you will be picked from the numerous applicants (demand for H-1B visas regularly exceeds supply) and permitted to continue the procedure, contact USCIS.
• Send a petition on Form I-129, along with any necessary supporting documentation and filing fees, to the USCIS.

Getting a non-immigrant visa can be stressful and tiring, so you need an attorney to meet and take care of your immigration needs. Visit us now!

How Long Will It Take To Get an H-1B Visa?

Some applications can get permission in as little as 30 days, while others must wait considerably longer.

Employers prepared to pay an additional fee can receive “premium processing” of the I-129 petition, which can cost around $2,500. This promises a decision within 15 calendar days of filing or 15 days of a response to a Request for Evidence if USCIS issues one.

An employer needs to file an H-1B petition six months before the employee is scheduled to begin work since there is an annual cap on the number of petitions that can be authorized.

You Will Receive an Application Receipt Number 

After your employer has petitioned for your H-1B visa, USCIS will typically send a receipt notification on Form I-797 within about two weeks in an H-1B case without premium processing. 

An attorney can speed up your process if you are filing for an H-1B visa. Our best immigration attorney at Inderjit K. Sidhu Esq. LLC can make things easy for you. Visit us today!