San Antonio H1-B Visa Lawyers
The United States maintains a special visa classification known as H1-B, which is available to non-U.S. citizens who either work in a “specialty occupation,” perform services for a project administered by the United States Department of Defense, or work as a “fashion model of distinguished merit or ability.”
H1-B visas are highly sought after. For that reason, federal law caps the number of persons who can initially apply for H-1B status each year. So if you are looking to gain admission to the United States under this classification and need assistance from a qualified San Antonio H1-B visa lawyer, the immigration team at BBA Immigration can help.
Limited Slots Available for Foreign Nationals Working in Specialty Occupations
Most people who apply for a H1-B visa do so under the “specialty occupation” category. There is no fixed list detailing which jobs qualify as specialty occupations. But in general, the job must require at least the equivalent of a bachelor’s degree and involve duties that require some degree of specialized and complex knowledge to perform. Some common examples of jobs that have qualified for specialty occupation status include accountants, scientists, engineers, educators, economists, software engineers, and therapists.
A person must have an actual job offer before applying for an H1-B visa. Indeed, the visa will only be approved if the applicant has a specific job in a specific location. Any change in job or employer may require a new petition. The employer must also pay the non-immigrant employee the actual or prevailing wage for the job in question, whichever is higher. If the employer decides to fire the employee, the employer must then offer to pay for the employee to return to their last place of residence abroad. And regardless of whether the employee quits or is fired, or the job simply ends, the employer must notify federal immigration officials and have the H1-B visa revoked.
Under current law, there is an annual cap of 65,000 new H1-B visas that may be issued each during each fiscal year, which runs from October 1 to September 30. But the law also exempts the first 20,000 petitions filed on behalf of foreign workers with a master’s degree or higher from a U.S.-based college or university, which effectively raises the annual cap to 85,000 people per year. Due to these limits, employers must register for an online lottery for the fiscal year when they wish their non-U.S. employee to begin work. One if an applicant “wins” the lottery is a formal petition for the H-1B visa filed.
Contact BBA Immigration Today
If you are looking to bring a worker to the United States under an H1-B visa it is critical that you seek out competent legal advice. An experienced San Antonio H1-B visa lawyer can walk you and your prospective employee through the process. Given the competition for the limited number of H1-B visas available each year, it is in your best interest to have legal help from the outset. Contact BBA Immigration today to schedule an initial consultation with a member of our immigration team.