H-1B Visa Attorney
Serving Immigrants Throughout Silicon Valley
U.S. based employers that want to hire temporary foreign workers will need to petition for H-1B visas for the workers they wish to employ. If your occupation requires highly specialized knowledge and a bachelor's or higher level degree, then you can apply for the H-1B visa.
At The Law Office of Zhang, our dedicated team of legal professionals is here to use our years of experience to guide you through each step of the immigration process so you understand all of your options and make informed decisions.
How Do I File an H-1B Visa Petition?
Filing an H-1B visa a petition is a multi-step process that requires you to sign various forms and collect corroborating evidence to prove you are eligible to enter the United States. You will need to complete and sign Form I-129 to get started, but you should first discuss your situation with an experienced immigration lawyer to make sure all of the information you submit is accurate and complete.
Our legal team will gladly assist with your H-1B visa petition today! Give us a call at (415) 761-2732 to schedule your consultation with our legal professionals in Silicon Valley.
What Is Considered a Specialty Occupation?
Jobs that require the theoretical and practical application of a body of highly specialized knowledge are considered “specialty occupations.” These types of jobs usually require workers to have a bachelor’s degree or advanced degree.
The following are examples of specialty occupations that qualify for the H-1B visa:
- Computer Systems Analysts
- Medical Technologists
- Physical Therapists
- Upper-Level Business Managers
Before you apply for an H-1B visa, you need to have a job offer from an American-based employer. The work you do for the employer must also be performed in the U.S. The salary you are offered by the employer has to be comparable to the wages made by workers in the same field or job. The employer petitioning for you also has to file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL), otherwise, your visa application can’t be processed.
How Long Can I Stay in the U.S with an H-1B Visa?
If you are approved for an H-1B visa, you will be allowed to stay in the U.S. for three years. You can be granted extensions in one-year increments, however, your visit cannot exceed six years. H1-B holders who want to become legal U.S. citizens can live in the country while they petition for a green card.
What Are the Education & Degree Requirements?
You will need to meet the following education and work experience requirements to qualify for an H1-B visa:
- You must have a bachelor's degree, master’s degree, or a foreign equivalent.
- You must have 12 years of work experience. Work experience can be substituted for a bachelor's or master’s degree.
- You can mix your experience between your education and work background.
USCIS will use a 12 point scale to review your application and determine if you qualify for an H1-B visa. Each year of university/college that you attended is equal to 3 points. Every year of your previous work experience is equal to 1 point. You need to have a total of 12 points to qualify for the visa.
At The Law Office of Zhang, we are committed to serving clients throughout Silicon Valley who need assistance with complex immigration matters. We have the skills, resources, and legal insight you need to represent your best interests and secure a fair case result. We can review your situation and build a strong case strategy for you today, so stop by our law firm to discuss your situation with our dedicated immigration lawyer.
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“Emma is a great immigration lawyer and a great human being.”- Brownie L.