The H-1B visa allows foreign professionals to work in the United States. It allows firms to hire qualified foreign employees in specialty occupations in the United States on a temporary basis; based on his or her acquired skills, the foreign professional may be able to seek employment in the United States.
To be eligible for the H-1B visa, both the US company and the potential employee must follow the USCIS requirements and guidelines. The H-1B visa regulations aim to guarantee that both the U.S. employer and the foreign professional adhere to Department of Labor standards. Filing a Labor Condition Application (LCA) is an important aspect of this compliance.
The H-1B visa is one of several employment-based visas available in the United States. It was created to help U.S. employers hire foreign workers for specialty occupations. Companies, in particular, can bring foreign workers with at least a bachelor’s degree or equivalent to work in the United States. The H-1B visa is unique because it is a “dual intent” visa, which implies that while it is a temporary visa, holders have the option of obtaining a green card (permanent residency).
An employee may receive extensions of H1B status beyond six years in certain circumstances if they are in the process of applying for employment-based permanent residence (also known as the “green card”). H1B visas are strictly limited, with a total of 85,000 visas available per fiscal year (20,000 of which are reserved for those with master’s degrees or higher from U.S. colleges or universities). This limitation is referred to as the H1B cap.
Gehi & Associates is skilled in preparing H1B petitions for a wide variety of businesses and occupations; we take particular pride in our track record in the demanding IT consulting field, for which the USCIS sets extremely strict requirements on H1B petitions. Our attorneys are available for free consultations with both employers and employees to explore their options and responsibilities.
We understand the importance of H-1B visas to our clients and how the outcome affects not just an individual but also an employer. H-1B visa applications, whether for new H-1B visas, H-1B transfers, or H-1B extensions, require careful attention and strong communication, but with both in place, the process is typically simpler and less stressful than many of our clients imagine. Schedule a free consultation to fully realize the benefits of hiring foreign workers for your U.S. business.