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
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