When would I use an H-1B visa?

If you are planning to temporarily work in the United States and have a job offer. There are different types of H visas. One of the most popular is the H1B visa. This type of visa requires that you have a bachelor’s degree or its equivalent.

How do I obtain an H-1B visa?

Before you can apply for the H-1B visa, you must find a United States employer who is willing to offer you a job and sponsor you. It is important to note that H visas are not immigrant visas and therefore do not confer lawful permanent residency. If you want a green card, you will need to go through a separate employment-based immigration process.

Once you have obtained an offer of employment, you must demonstrate the position requires specialized knowledge, and you will need at least a relevant bachelor’s degree or a foreign degree equivalent. If you do not have a university degree, you may still be able to qualify if you have a sufficient amount of applicable work experience or training. Three years of professional experience or training are generally considered the equivalent of one year of college-level education.

We are glad to evaluate your case and determine your eligibility. Call our office (310) 477-0047 or contact us online to set up a consultation so we can help.

Your sponsoring employer will need to procure a labor condition attestation from the Department of Justice before filing a petition with United States Citizenship and Immigration Services (USCIS). The labor certification is meant to ensure the wages and working conditions of the position do not undermine U.S. workers.

If you meet each of these conditions, your employer can file a petition with USCIS requesting the issuance of an H-1B visa for you. Only 65,000 visas are granted each fiscal year (with an additional 20,000 for individuals holding US advanced degrees), and there are typically more applicants than visas available. To avoid unnecessary delays and problems, our team at Szew Law Group can help you prepare your application and ensure it is filled out completely and accurately.

On an H-1B visa, you can initially stay in the United States for up to three years. The visa may be extended for a total of up to six years. Your spouse and children will also be able to come to the U.S. with you as dependents, but they will not be able to work.

Other types of H visas

H visas can also facilitate other types of temporary employment opportunities in the United States. If you are not currently eligible for the H-1B visa, we can help you explore potential alternatives.

Our Encino H visa attorney can assess whether you may qualify for:

  • H-1B2 Visas. This type of H-1B visa is exclusively reserved for professionals coming to the U.S. to work on Department of Defense projects.
  • H-1B3 Visas. Nationally or internationally recognized fashion models can use this type of H-1B visa to temporarily work in the United States.
  • H-1C Visas. If there is a shortage of healthcare professionals, qualified and licensed nurses can temporarily work in the United States on this visa.
  • H-2A Visas. H-2A visas are intended exclusively for temporary or seasonal agricultural employees. This visa is initially valid for one year but can be renewed twice for a total period of three years.
  • H-2B Visas. H-2B visas cover non-agricultural work that is seasonal in nature. Employers often use these visas to staff facilities during peak seasons, for example. Like H-2A visas, H-2B visas are valid for one year when issued but can be renewed twice, allowing a stay of up to three years.
  • H-3 Visas. You can potentially use this visa if you are coming to the U.S. to participate in a training program. This visa can last for up to two years. However, if you do stay a full two years, you must return to your home country for at least one year before coming back to the United States.

How long may I stay in the United States with this type of visa?

Most typically, approval may be granted for up to three years and the visa may be extended for a total of up to six years.

If you have questions about obtaining an H-1B visa or have an employer willing to sponsor you (or are an employer wanting to sponsor a potential employee), do not hesitate to call us at (310) 477-0047 or contact us online.

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