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H-1B VISAS

Work Visa Lawyers in Dallas

The H-1B visa is a non-immigrant visa. It allows US companies to employ foreign workers in specialty occupations. Such specialty occupations require expertise in distinguishing fields such as architecture, mathematics, medicine, and science.


Information for Employers

The H-1B visa requires that the employer petition on behalf of the foreign employee for entry. H-1B visas are popular amongst companies seeking to employ foreign staff because the application process for an H-1B visa is typically quicker than the application process for a U.S. green card. However, the US Government allows for only 85,000 new H-1B visas to be issued every governmental fiscal year. Once that number has been reached, USCIS will stop accepting H-1B petitions for the governmental fiscal year and until the beginning of the following governmental fiscal year.


Eligibility

As stated, the H-1B is non-immigrant visa that allows US companies to employ foreign works in specialty occupations. In addition to the job being a specialty occupation, the foreign employee must also be eligible. To qualify as a specialty occupation, the job must meet one of the following criteria:

  1. Minimum entrty requirement of a bachelor's or higher degree or its equivalent.
  2. The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
  3. The employer normally requires a degree or its equivalent for the position.
  4. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

To qualify to accept a job offer in a specialty occupation, the foreign employee must meet one of the following criteria:

  1. Have completed a US bachelor's or higher degree required by the specific specialty occupation from an accredited college or university.
  2. Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation.
  3. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.
  4. Have education, training, or experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

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