H-1B visas - Employment Immigration

H-1B Professional Work Visas

Whether you are a new college graduate or experienced professional, Pedersen Law will take care of the entire H-1B Immigration process from start to finish and provide legal advice and guidance to both you and your employer every step along the way…

Overview

The H-1B nonimmigrant work visa allows foreign nationals to work temporarily in the United States for an up to six (6) years for a U.S. employer. During this time, many workers on H-1B visas obtain permanent residency (“Green Card”) in the United States, through sponsorship by their employer. This process requires the employer to file a Labor Certification application called a “PERM”, which is the first step in the process to obtain residency.

As an added benefit, USCIS regulations allows certain foreign nationals who are the beneficiaries of a Labor Certifications to continue to extend the H-1B work visa past the six year limitation. After the Labor Certification and Immigrant visa petition are approved, the Green Card application can be filed once an immigrant visa is available. For more information regarding Labor Certification, please contact us.

Family Members

Family members of H-1B visa holders are issued H-4 visas. This allows family members to live in the U.S. and attend school, but not work unless independently qualified in either the H-1B or another employment based work visa category.

USCIS Processing & Timing

Changing Employers, Extending the H-1B Past The Six Year Limit

Once an H-1B Work visa is issued to you, you may change jobs (employers) fairly easily, without having to wait for a new H-1B petition approval. Regulations now only require that the new employer file an H-1B visa petition and receive the I-797 Receipt, in order for authorized employment to begin. However, to legally continue working for the new employer, the new H-1B must be approved. A further very beneficial provision allows for H-1B visa holders who have filed Labor Certification (for residency) to continue to extend the H-1B visa past the six year limit, until the case is approved. In this case, the Labor Certification must be filed at least 365 days before the sixth year of the H-1B expires. Of course, I recommend beginning as early as possible, since the waiting times in many immigrant visa categories, such as that for Bachelor’s degree categories can take many years.

Qualifications and Procedures

In order to qualify, you must be offered a job from a U.S. employer and the position offered to you must be a "specialty occupation", meaning a professional position which requires a minimum of a Bachelor's degree or its equivalent. If you don’t have a university degree, documented work experience can be credited towards a university degree.

Twelve (12) or more years of professional experience in a professional field can be the equivalent of a U.S. Bachelor’s Degree. All foreign degrees and equivalencies must be evaluated by a U.S. credential evaluations company. The evaluation company writes an official confirmation that your degrees and/or experience are equivalent to a U.S. Bachelor’s degree or higher. The fees vary, depending upon whether you possess a university degree or have a combination of college and experience. Our Law Firm takes care of arranging for a qualified credentials evaluation company to provide your evaluation, once we receive a copy of your Diploma(s) and Transcripts.

To meet the requirements, the professional position offered must require the same or similar type of educational background or experience that you possess. For instance, a foreign national with a Bachelor's Degree and/or experience in Finance Management would not be qualified for a position as a Fashion Designer or Chef, but would, however qualify for a position offered in a bank, finance company or related field.

Once eligibility is established for both the employer company and the H-1B foreign national, our Law Firm will prepare the entire case, from start to finish and submit to the USCIS requesting the approval of the H-1B visa. In order to properly prepare the case, we will need to prepare a complete summary of the petitioning employer to show it's company background, financial qualifications, as well as the background of the employee. Once the H-1B is approved, application is made with the Social Security Administration for issuance of a social security number, with normally takes about 2-3 weeks to receive. H-1B visa holders are legal to remain inside the U.S. and work for the sponsoring company during the full 3 year period of the H-1B work visa and may extend for another 3 years.

We Can Help You Make Your Immigration Dreams Come True!

For more information on Business Immigration, call or email our office to schedule an Attorney Consultation so that we can fully review your circumstances and give you the best, most honest advice concerning what steps you can take to obtain residency.

To help you succeed in obtaining your Work Visa and Green Card, our Firm will carefully review your eligibility, provide valuable advice regarding your qualifications, prepare a professional case, properly support your case with all the required documentation, respond to all requests from the USCIS, represent you through the proceedings and support you through the entire immigration process. We look forward to meeting you and helping you to achieve your immigration dreams!

Find out how Pedersen Law can make your Immigration dreams come true! Your Success Is Our Greatest Reward – see you soon...

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