Tampa, FL H-1B Visa Attorney

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers with specialized skills to work in the United States. It is designed for people who wish to perform services in a specialty occupation or services of exceptional merit.

At American Dream^® Law Office, PLLC, we offer comprehensive immigration law services with a robust practice in business or employment-based visas. Our attorney, an immigrant himself, has been through the immigration process and understands the stress and uncertainty of applying for the visa you need. 

We are here to help make the process less confusing, less intimidating, and more manageable. We aim to help you reach your goal by applying our knowledge of the system, using our skills, and diligence on your behalf. 

Book a confidential consultation with our Tampa H-1B visa lawyer. Call American Dream^® Law Office at (888) 991-3336. Our services are available in English, Arabic, and Spanish.

What Is an H-1B Visa?

An H-1B visa is a limited duration visa that allows someone to come to the US to work in a specialty occupation, which is an occupation that requires a bachelor’s degree. For example, one must have a Bachelor’s degree to practice law in the United States. Therefore, you can be an attorney on an H-1B visa because it’s considered a specialty occupation. 

What Are Specialty Occupations?

A specialty occupation is defined as an occupation that requires a bachelor’s degree. The immigrant must have a highly specialized theoretical and practical body of knowledge. 

The position must meet one of the following four criteria:

• A baccalaureate or higher degree or equivalent is usually the minimum requirement for the position.
• The degree requirement is one that is common in the industry.
• The employer usually requires a degree or equivalent.
• The specific duties are so specified and complex that the duties are associated with the attainment of a degree.

A person may still apply for an H-1B visa if they have equivalent field experience. For every three years in a field, the United States honors it as one year of education. Therefore, if someone has an AA degree
(associate in arts) and has worked in a field for an extensive period, we can claim they have a bachelor’s degree equivalent and can put them in the H-1 classification.

The other categories for H-1B visas include:

• Distinguished Merit. The applicant must possess exceptional ability in the sciences, arts, or business, which has been recognized nationally or internationally.
• Fashion Models: The applicant must be a fashion model of distinguished merit and ability.

One requirement for the H-1B visa is that you are only here temporarily. However, you can have “dual intent,” which means you plan to be here on an H-1B visa and intend to become a permanent resident. 

Labor Conditions Application

Before an employer can file the petition, it must obtain a labor conditions application (LCA) from the Department of Labor. The LCA certifies the salary an H-1B holder must receive. The employee must be paid at least the prevailing wage in the locality.