The H-1B work visa is a non-immigrant visa available for the employment of a foreign national in a specialty position
To employ a non-U.S. citizen in this capacity, the employer must obtain a PERM labor certification from the Department of Labor and apply to USCIS to sponsor the specialty non-immigrant employee. Only then can the foreign employee apply for their work visa.
Having the assistance of an immigration lawyer takes the hassle out of this complex process and can improve the chance for approval. Buhler Thomas Law, P.C. serves H-1B work visa clients in Salt Lake City Provo, and Orem Utah as well as national and international clients from our main office in Provo.
What Is the H-1B Visa?
The H-1B is a non-immigrant visa under the Immigration and Nationality Act. It allows employers in the U.S. to temporarily employ graduate-level foreign professionals in specialty occupations for up to six years. The H-1B visa allows immigrants to legally live and work in the U.S. during the six-year period.
Specialty occupations include those that require technical or theoretical know-how in certain fields, such as engineering, IT, finance, accounting, science, medicine, architecture, science, and mathematics.
Applying for an H-1B is generally quicker and easier than applying for a green card, but the process still requires expertise and substantial evidence to prove the applicant is qualified. You need Buhler Thomas Law, P.C., a Utah law firm that understands H1 visas.
Who Is Eligible for an H-1B Visa?
The Immigration and Nationality Act loosely defines a specialty occupation as a position that can only be performed by someone with an advanced degree or equivalent experience.
As part of the H-1B process, an employer of a prospective foreign employee must obtain a PERM labor certification from the U.S. Department of Labor, certifying that hiring a non-citizen for the position in question will not have any adverse effect on the local job market or wage rates, nor deprive any local citizen of work.
Contact an Experienced H-1B Visa Lawyer
Obtaining an H-1B poses a unique challenge in that only a limited number (currently 85,000) are available each year. The U.S. Citizenship and Immigration Services (USCIS) reports regularly receiving twice as many applications as there are available visas within the first week of the application period. Universities and non-profit organizations, however, are not subject to restriction by the annual quota of H-1B work visas. Organizations of this type can submit an application at any time.
To ensure that you have the best chance of having your application approved, it is critical to complete the application process correctly and submit all required documentation. Any errors in your application will significantly diminish your chance of approval.
The Utah immigration attorney of Buhler Thomas Law, P.C. have extensive experience in the H-1B visa application process. We handle every aspect of the process for you, helping improve your chance for approval.
To learn more or to schedule a consultation to discuss H-1B work visas, contact our Provo, Utah office today.