The U.S. H1-B visa program has a very important purpose — to allow American businesses to hire foreign workers with technical or theoretical expertise in specialized fields. If your company wants to hire a foreign scientist, engineer, IT professional, or other qualified person in a specialty occupation, experience counts in the H1-B visa attorney you hire.
Richard Tashjian at the Tashjian Law Group PC has nearly 25 years of experience in immigration law, including nonimmigrant visas, such as H1-B. His client list includes Olympic Gold Medalists, World Champion athletes, Grammy and Academy award winners, and Fortune 500 executives. Mr. Tashjian’s success rate in obtaining work visas and green cards for his clients is at an estimated at 99%.
Requirements for an H1-B Visa
The requirements for this visa program are specific, and the guidance of an experienced H1-B visa attorney is essential to the success of the petition process. As stated by U.S. Citizenship and Immigration Services (USCIS), the requirements to receive an H1-B visa are:
- Must have an employee-employer relationship with the petitioning U.S. employer.
- Job must qualify as a specialty occupation by meeting one of certain educational requirement criteria.
- Job must be in a specialty occupation related to the employee’s field of study.
- Employee must be paid a minimum of whichever is higher — the actual or the prevailing wage for that occupation.
- Unless exempt from numerical limits, the employee must be available at the time the petition is filed.
Demonstrating that you meet the requirements for an H1-B visa can be a lengthy and complicated process involving a great deal of documentation. An experienced H1-B visa attorney can help you move through the paperwork process smoothly and greatly increase your chances of success.
Annual Numerical Cap on H1-B Visas
The U.S. imposes an annual limit on the number of H1-B visas it will grant each fiscal year. However, the first 20,000 petitions filed in any given fiscal year for employees who hold a U.S. master’s degree or higher are exempt from that cap. Other H1-B workers not subject to the cap are workers employed by:
- Higher institutions of learning or affiliated nonprofit entities
- Nonprofit research organizations
- Government research organizations
It is important to plan in advance if you are filing for an H1-B visa that is subject to the cap. The fiscal year begins on October 1 and the numbers add up quickly. Petitions may be filed as early as April 1 — 6 months before the start of the fiscal year.
Experienced H1-B Visa Attorney with Offices in Los Angeles and Beijing
Conditions and documentation requirements to receive an H1-B visa are specific and extensive. Petitions may involve obtaining H-4 status for spouses and minor, unmarried children of H1-B workers.
Richard Tashjian at the Tashjian Law Group PC is recognized as one of the top business immigration attorneys in the country. You can have confidence that your H1-B visa matter is in good hands with our firm. Contact us for a consultation.