The H-1B visa is for workers who will perform in a specialty occupation, which is an occupation that requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. H-1B Visas for Professionals

Choosing a law firm for your business immigration needs is an important decision. The U.S. issues only 65,000 H-1B visas per year to qualified professionals to stay as temporary workers in the U.S. for up to six years. Competition for these visas is fierce. To gain successful issuance of an H-1B visa, the application must be complete, accurate, and timely. A party seeking an H-1B visa - whether it is an individual or corporation - needs the help of an experienced H-1B visa lawyer to maximize the chances for success. Millar & Smith Immigration Attorneys takes pride in our dedication, success, and expertise in the field of business immigration law. We understand the immigration laws, know how U.S. Citizenship and Immigration Services works, and know how to prepare successful H-1B visa applications. CLICK HERE to contact us online, or call us at 206-262-0561 to schedule a consultation. Millar & Smith Immigration Attorneys can:

• Provide the latest H-1B visa information
• Advise clients as to how to successfully apply
• Prepare the H-1B visa application, including the Labor Condition Application (LCA)
• Prepare H-4 visa applications for family members

The H-1B visa is for workers who will perform in a specialty occupation, which is an occupation that requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are all considered to be specialty occupations.

Our offices have successfully completed cases for a wide array of companies and appropriate professional workers such as professors, researchers, engineers, programmers, hospitals, registered nurses and other healthcare workers; with investors and trading companies, with musicians and other artists; religious workers, research analysts, management consultants, journalists, accountants, and others with a Bachelor's or equivalent degree.

If the applicant has a college degree or work experience and the job requires a college degree, then they should be able to obtain an H-1B visa. Spouses and children of H-1B visa holders may enter and remain in the U.S. in H-4 visa status.

How to Apply: A Labor Condition Application (LCA) must first be filed with the U.S. Department of Labor (DOL). Once the LCA is approved, the employer fills out a Form I-129, Petition for Nonimmigrant Worker, and the supplemental form, along with supporting documentation, including the approved LCA. The forms and documentation are then filed with the U.S. Citizenship and Immigration Services (USCIS) Service Center having jurisdiction over the city of intended employment. The prospective U.S. employer files the petition along with the appropriate filing fee. Once the USCIS approves the H-1B petition, a visa may be issued at a U.S. Consulate. For those seeking to perform temporary services in a specialty occupation, the petition must be filed with the following documentation:
• An approved LCA from the DOL
• Documentation that the job qualifies as a specialty occupation.
• A copy of the foreign national’s U.S. college degree (bachelor’s, master’s or Ph.D.) and/or foreign degree with evidence that it is equivalent to a U.S. baccalaureate degree or higher. Evidence of education, specialized training, or experience that is equivalent to a U.S. baccalaureate degree may also be submitted to fulfill this requirement.
• A copy of any required license to practice the occupation in the state of intended employment.
• A copy of any written contract between the employer and the foreign national or a summary of the terms under which the foreign national will be employed if there is no written agreement.

Duration: An H-1B is approved by USCIS for an initial period of up to three years. Generally, the maximum term of an H-1B visa is six years, including extensions, with some exceptions.

H-1B Visa Portability: CLICK HERE to find out more about H-1B transfers.

Labor Certification Application: There have been major changes in the Immigration laws and regulations affecting the H-1B visa for professional employees. In particular, the U.S. Department of Labor (DOL) has recently published implementing regulations under the American Competitiveness in the Twenty-First Century Act (ACWIA). Some particularly onerous requirements have been placed on “H-1B dependent employers”, but the regulations also provide guidance on issues affecting all employers.

Spouses and Minor Children: A spouse or unmarried child of an H-1B visa holder is entitled to an H-4 visa for the same length of stay as the principal. The spouse and dependent minor children cannot accept employment, but may attend school in the United States. In addition, domestic workers of an H-1B visa holder can receive a B-1 business visa and obtain work authorization.

Contact a Business Immigration Attorney

Trust your business immigration needs to Millar & Smith Immigration Attorneys. CLICK HERE to schedule a consultation with a H-Visa immigration attorney. Our firm responds to inquiries as quickly as possible. We can schedule a consultation regarding your case at your convenience.