For a business in the United States to employ foreign nationals to work in specialized fields with your company for a set period, H-1B visas are required. These can be applied for directly but the process will be smoothened and expedited by hiring a lawyer who specializes in US immigration and green cards. A visa lawyer will also advise you of the employment limitations applicable in the US.
An H-1B visa issued to non-immigrants is valid for a period of six years and allows a US based company to employ a foreign individual for that duration. It is quicker to be applied for and issued than a green card. Even if you presume your hired staff will be required for a period in excess of six years, the H-1B visa is the starting point.
An application for this visa can only be made by a company and not a potential employee. A numerical limit exists on the number of such visas issued each year. You have to submit a petition for which the US immigration and visa attorney will discuss with you and advise you how best to do so. Having spent years in mastering the complex legislation entailed in US immigration law, they are conversant with the procedures of the legal paperwork. A visa attorney will anticipate the likely problems that may arise with issue of an H-1B visa for an employee.
The application may be submitted upto six months before the actual date when the visa is required. For instance, for the fiscal year commencing in October, the employer may submit his application the preceding April. If approved, the employee may start work in October.
An H-1B visa is restricted to those highly educated employees who work in specialty fields needing their specialized skills. These are professionals like doctors, chemists, architects, teachers, engineers etc. The employee must have obtained a three year degree with three years experience in the relevant field. This is considered equivalent to a four-year US degree course. A license to practice issued by the state in which they will work will also be required by professionals like doctors, architects and lawyers etc.
Should you wish to employ non-graduates, the criterion is twelve years experience in their occupation. The visa applicable to such non-specialty occupations is H-2B.
Procedures and Formalities:
The sponsoring employer will need to file a Labor Condition Application (LCA) with the Department of Labor first. On receiving approval, the employer will file Form I-129 and H supplement with the Immigration department with jurisdiction in the place of employment. Form I-129W must be filed along with the petition. The applicable fee structure which must accompany the application will depend on the number of proposed employees. Once approval is communicated you are ready to intimate your applicant and send all required documents to be filed at the US embassy or consulate in his/her home country. The canada’s best immigration lawyer will provide the basic formalities to the person. The procedure of filling the case in the court will be simple and comfortable for the person.
The documentation and procedures are daunting but the process will be streamlined with the services of an attorney. Visa lawyers, familiar with the complex process will help you through the paperwork painlessly. Even if you cannot locate an attorney locally, US immigration and visa lawyers have websites and will assist you online. Hiring one will save you endless effort and frustration. They are also abreast of and can assist with other formalities like PERM Labor Certification, L-1 visas, E-1, 2 or 3 visas, H-3 visas, P-1, 2 or 3 visas, O-1 or O-2 visas, TN visas, green cards, and other immigration requirements. To build a powerful workforce, contact an online visa lawyer today.