The H-1B visa is for foreign workers who hold specialty occupations. Generally speaking, a specialty occupation is one "which requires the attainment of a bachelor's degree or higher in a specific specialty as a minimum for entry into the occupation in the United States." However, 12 years or more of a specialized knowledge in the field may be acceptable in lieu of a degree.
At Pollak PLLC, our Dallas H-1B visa attorney has the skills and experience in immigration law that you can trust. If you have any questions about the H-1B specialty occupation visa, we are here to help. Call us now for a strictly confidential case evaluation with an experienced H-1B attorney.
There are two main requirements to obtaining an H-1B visa: employer must demonstrate a need for someone in a specialty occupation. Second, the foreign national must have the required degree –– or its equivalent –– in a subject closely related to the position.
Further, applicants must have a job offer from a qualified U.S. employer for work to be performed in the U.S., and the applicant must be paid according to market value. The employer must file an attestation with the Department of Labor stating that they will pay the applicant the prevailing wage.
Our office has successfully obtained H-1B visas for various positions, including: computer professionals, data programmers, technology officers, dieticians, electronics specialists, architects, accountants, doctors, lawyers, fashion designers, graphic designers, news writers, industrial designers, interior designers, investment analysts, market research analysts, range managers, marketing managers, psychologists, medical technologists, social workers, teachers (kindergarten, grade school, and high school), university professors, and all kinds of engineers among other degreed professions.
Regular H-1B visas are subject to an annual cap. While those with advanced degrees (master’s degree or higher) have a slight advantage in the application process, there is a random lottery to determine which application will be approved. Certain H-1B visas are not counted against the statutory cap.
The application process for the H-1B visa requires the employer to file a Labor Condition Application (LCA) with the U.S. Department of Labor and submit a petition with the USCIS. This process usually takes several months. However, the USCIS offers an option for premium processing. For a $2,500 fee, the USCIS will process the petition in 15 days or fewer.
In January of 2020, the Department of Homeland Security published a notice that substantially changes the way H-1B cap petitions are processed. It’s worth noting here that the majority of H-1B petitions are subject to an annual cap, and there is typically a very high demand for those slots.
Last year over 480,000 H-1B petitions were submitted during the registration period. Yet only 85,000 spots were available. The USCIS conducts a random lottery to determine which petitions are accepted. (Individuals with master’s degrees now have a slightly better chance of obtaining an H-1B visa than the rest of the field.)
The USCIS has not yet announced the initial registration period for the fiscal year 2024 H-1B Cap Registration Period. Based on last year, we estimate the below dates, subject to change of course:
Employer's will likely be eligible to set up their MyUSCIS.gov accounts the week before, on or around February 21, 2023. Once an Applicant is selected in the H-1B Cap Registration Lottery, Pollak PLLC can move forward with the LCA filing with the Department of Labor and H-1B petition filing with the USCIS.
Some H-1B petitions are not subject to the annual H-1B cap. These include individuals who already have been counted toward the cap in a previous year and have not been outside the U.S. subsequently for more than one year. Also, certain employers, such as universities, government-funded research organizations, and some nonprofit entities are exempt from the H-1B cap.
Additionally, there are also a certain number of H-1B visas reserved for citizens of Chile and Singapore.
The goal of our law office is to make sure all cases are reviewed and ready for the H-1B Cap Registration submission weeks in advance of the March 1, 2023 H-1B Cap Registration submission start date. Click here for more information on improving your chances of getting approved for an H-1B visa.
Our H-1B attorney, Karen-Lee Pollak and her experienced immigration support team, work with all our clients to submit the most complete and thorough petition, which emphasizes the applicant's education, qualifications, and experience. In addition, our experience with immigration law has allowed us to know the processes and procedures to work with various government agencies to ensure the best possible outcome. Please contact us to discuss your immigration options.
At Pollak PLLC, our Dallas H-1B visa lawyer has the skills and experience to help you navigate the immigration process. Call us at (214) 307-5510 or send us a message online for a fully private initial consultation. We are an experienced H-1B law firm, handling H-1B visas throughout the USA.
Contact us today to speak with our managing attorney Karen-Lee Pollak and experienced immigration support team.