Each year, U.S. companies extend job offers to many thousands of specialty workers with college degrees (or the equivalent thereof) from countries worldwide, in order to meet their diverse and extensive needs in an ever more competitive and specialized world economy.

We assist companies, workers, and their dependent family members in obtaining the H-1B visa. We prepare the extensive paperwork, guide them through the ever-changing rules, regulations and definitions, coordinate matters between employer and employee, and represent the parties before the INS and U.S. Department of Labor in the U.S. as well as the consulate of the employee’s home country. We guide the parties through decisions regarding the appropriate job description, in light of INS regulations and applicable jurisprudence, preparation of the Labor Condition Application, the determination of the prevailing wage for the geographical location of the position, financial requirements, foreign degree evaluations, extensions of stay, and the eventual change from an H-1B visa to another visa, as appropriate.

H-1B Visas are available for occupations requiring the theoretical and practical application of specialized knowledge that is normally attained through a college education, as well as to distinguished fashion models. Specialty occupations include, but are not limited to accountants, administrative specializations, architects, auditors, engineers, artists, chemists, chiropractors, college and university educators, computer systems and related computer professions, dieticians, electrical/electronics engineering professions, hotel managers (large hotels), medicine and health professions, miscellaneous professional, technical and managerial occupations, law, occupations in museum and library sciences, pharmacists, occupations in preschool, primary and kindergarten education, occupations in religion, theology and social sciences.

H-1B Visa Privileges:

• You can work legally in the U.S for your U.S. employer for an initial term of up to three years, with a possible extension of up to an additional three years.
• It is possible to change employers without losing your status or returning to your home country, as long as INS procedures are followed and the legal criteria are satisfied regarding the new employer.
• You may travel freely in and out of the U.S. for the term of the visa.
• Visas may be issued to accompanying relatives.
• You need not prove that you intend to return to your home country as a condition of obtaining the visa.
• It is possible to obtain permanent residence status through your employer.

H-1B Visa Restrictions:

• You must be the recipient of a job offer, as a condition to applying for this visa. ( Once in receipt of a job offer, you can apply for your H-1 visa without leaving the U.S., if you meet certain criteria.).
• You must initially work for the employer who acted as your H-1B sponsor. Later, you can change jobs.
• Employers must have an attestation on file with the U.S. Department of Labor before they can sponsor you for an H-1B visa.
• H-1 B status can be held for a maximum of six years. Upon expiration of the visa, you must return to your home country, unless you are eligible to change your status to another nonimmigrant visa, or apply for a green card.
• The visas issued to your immediate relatives do not authorize them to work.

Contact us: jgagel@jgagel.com