Navigating H1-B Visa Applications for Employers and Employees
The H-1B Visa allows employers to temporarily hire highly skilled foreign professionals in specialty occupations where qualified U.S. workers are in short supply. For foreign nationals, it provides the opportunity to live and work in the United States for an initial period of up to three years, extendable to six. Under certain circumstances, it may serve as a stepping stone toward lawful permanent residency (a green card).
Managing attorney Aniefiok Bassey leads a skilled and dedicated legal team at Bassey Immigration Law Center, P.A., experienced in all aspects of family and business immigration, including the all-important H-1B immigration visa. Whether you are a gifted technology expert, computer programmer, engineering virtuoso, artist, administrator, or educator, we can assist with recruiting and sponsoring personnel for U.S. corporations.
H-1B Visas
The H-1B visa is a nonimmigrant classification that permits U.S. employers to sponsor foreign workers in specialty occupations. It is initially valid for up to three years and can be extended to a maximum of six years, subject to certain conditions.
Each fiscal year, U.S. Citizenship and Immigration Services (USCIS) issues 65,000 H-1B visas under the regular cap, with an additional 20,000 visas available to beneficiaries holding advanced degrees from U.S. institutions—commonly referred to as the master’s cap. Due to high demand, petitions typically exceed the annual cap, triggering a computerized lottery system that randomly selects those eligible for adjudication.
Employees cannot file on their own. They must receive a job offer from a U.S. employer. H-1B visas are available only to those in specialty occupations, which usually require at least a bachelor’s degree. Such occupations require “a theoretical and practical application of a body of highly specialized knowledge.”
H1B Visa Application Process
The H-1B visa application process starts with the sponsoring employer filing a Labor Condition Application (LCA) with the U.S. Department of Labor via the electronic FLAG system. The LCA cannot be filed more than six months before the initial employment period.
The employer must certify that the H-1B visa employee will be paid the prevailing wage or the wages paid to employees with similar qualifications. They must also certify that employing the foreign worker will not adversely affect similarly employed U.S. workers.
Supporting Documentation
The U.S. employer must then file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. The specific documentation requirements may vary depending on the nature of the specialty occupation.
In support of the petition, the prospective H-1B employee typically must submit documentation such as:
- A detailed résumé or curriculum vitae (CV)
- Academic credentials, including diplomas and transcripts
- Employment verification letters demonstrating relevant work experience
- Any additional documentation required to meet the qualifications for the specific specialty occupation (e.g., licenses, professional certifications, or credential evaluations for foreign degrees)
Additional Requirements
The employee must also provide evidence that they intend to return to their home country once their H-1B visa expires. This may involve financial ties to the home country, including home ownership. Family ties are even more important. Evidence such as a marriage certificate, children’s birth certificates, or photos or letters from family and community members proving a deep bond demonstrates familial and friendship ties.
Expect the H-1B visa application process to take several months before a decision is made. By taking advantage of premium processing, the wait time decreases considerably, with the USCIS reviewing the application within 15 days. Currently, the premium processing fee for an H-1B visa is $2,805, in addition to standard filing fees.
Knowledgeable Guidance from a Florida Immigration Lawyer
If you are seeking H-1B visas for your business, trust a business immigration lawyer at Bassey Immigration Law Center, P.A. We can guide you through the complex process and ensure all documentation is filed properly. Schedule an affordable consultation today.
About Bassey Immigration Law Center, P.A.
Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.
