H1B Visa Lawyer Philadelphia
The H1B is the most common tool used by U.S. employers to bring employees into the United States on a temporary basis. H1B can also be used to change the Immigration status of those who are in the United States legally and receive a job offer here. The H1B is for professional workers who possess the equivalent of an American bachelor’s degree.
There are a number of requirements that must be fulfilled before an H1B can be granted. First, there has to be an employer/employee relationship between the petitioning employer and the beneficiary. Facts must demonstrate that the employer has the right to pay, hire, fire, supervise, and control hours of employment. It must also be demonstrated that the job is a specialty occupation.
A bachelor’s degree must be the minimum requirement for the job, or the job must be so complex that it can only be performed by someone with a bachelor’s degree or higher. The job must also be related to the beneficiary’s field of study. It is possible to receive an H1B without a bachelor’s degree if the beneficiary has specialized experience or knowledge which is the equivalent to a bachelor’s degree.
It is also important to note that the beneficiary must be paid the actual or prevailing wage for the specific occupation. The U.S. Department of Labor maintains a database for all prevailing wages. Finally, an H1B Visa must be available. There is an annual cap of 65,000.00 for these visas for each fiscal year.
The federal fiscal year begins on October 1, however, the H1B quota numbers become available on April 1. There are also exemptions from this cap, including petitions filed on behalf of beneficiaries who have a U.S. master’s degree or higher. For nationals of Chile and Singapore,
there is what is known as a carve-out provision that does not count against the 65,000.00. It is possible to change immigration status to H1B and remain in the United States, or if the beneficiary is outside the U.S. he or she will present the approved petition to a consulate overseas in order to receive the visa. When approved, the H1B visa grants the beneficiary up to three years of employment with the petitioning employer.
An extension of three years can be granted with additional time being granted, depending on where the beneficiary is in the Green Card Process. Holders of H1B Visas are also able to bring their spouses and children with them as H4 dependents.
If you are concerned about your H1-B visa status or your rights as a foreigner in the United States, it is important to contact a lawyer. An experienced lawyer can help you understand your rights and protect them.
An H1B Visa lawyer can also help you fill out the required forms and make sure that you comply with all of the H1B visa program requirements.