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We are offering complimentary consultations with our experienced attorneys via phone, Skype, FaceTime and Zoom to anyone – individuals, businesses and organizations – with a situation and/or questions related to immigration and nationality law. We can advise or offer second opinions on family-based and employment based immigration options, employer compliance, maintenance of non-immigrant status and employment authorization, political asylum, removal defense, remedies through federal court litigation or other U.S. immigration matters. Please contact us 24/7 at (312) 444-1940 or consult@lawfirm1.com.

H-1B: Professional Worker Visas

H-1B: Professional Worker Visas

H-1B visas are nonimmigrant visas for specialty occupations such as Department of Defense Cooperative Research and Development workers, fashion models, or those in specialty occupations. Individuals who wish to enter the United States for corresponding occupations may apply for an H-1B visa.

Am I Eligible for H-1B Visa?

In order to enter the United States with an H-1B visa, you must meet the following criteria:

  • Attainment of a U.S. or foreign bachelor’s degree or higher in specific area of specialty
  • Your employer must require a degree to qualify for the position
  • The nature of the job’s specific duties is complex enough to require attainment of a bachelor’s degree or higher
  • Obtain a verification letter from DOD (if applicable) with project outline stating details of the project for which you are entering the U.S.
  • For fashion models, distinguished merit and ability must be proven

H-1B Visa Application 

To apply for an H-1B visa, you must register online with the USCIS. You may apply with or without the use of an attorney or representative. Registrants or representatives (such as attorneys) must pay the $10 non-refundable registration fee before submitting their application. Once you have successfully applied or registered, your USCIS online account will show your current status. Your account will show “submitted” status, and eventually show selected, not selected, or denied depending on the decision.

Petition Filing Process

The petition filing process for a H-1B visa is as follows:

  1. Employer must apply and receive a Department of Labor (DOL) certification
  2. Employer must complete and submit Form I-129, Petition for Nonimmigrant Worker to the USCIS
  3. Once Form I-129 petition has been approved, the individual seeking H-1B worker visa may apply with the U.S. Department of State at a U.S. embassy or consulate abroad for an H-1B visa

Employer Requirements

For U.S. companies to employ nonimmigrant foreign workers, they must adhere to the Department of Labor standards. Wages must be paid to the H-1B workers at least equal to the wage paid to other workers with similar qualifications.

Family Members of H-1B Visa Holders

Spouses or unmarried children (under 21 years old) of H-1B visa holders may apply for H-4 nonimmigrant classification by filing Form I-765.

Contact an Immigration Lawyer Today 

At Scott D. Pollock & Associates, P.C., we provide individuals and families with the legal representation they need when applying for H-1B visas. With over seven decades of combined experience, we’re here to help. Contact a member of our team today at 312.444.1940.

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