Tampa 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 individuals 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. Our team stays updated with the latest changes in immigration laws and policies, ensuring that every application is both timely and compliant with current regulations.

Book a confidential consultation with our Tampa H-1B visa lawyer. Call American Dream^® Law Office at (813) 499-1250. Our services are available in English, Arabic, and Spanish.

Understanding the H-1B Visa: Key Information

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. Understanding the H-1B visa process involves recognizing its rigorous requirements and potential hurdles. It is essential to prepare thoroughly for documentation submission and maintain accuracy in all forms and correspondences.

Defining Specialty Occupations for H-1B Visa Eligibility

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 specialized 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. Additionally, it is crucial for applicants to provide comprehensive documentation of their work experience and credentials, highlighting their proficiency and alignment with the requirements of the specialty occupation.

Other Categories for H-1B Visas You Should Know

• Distinguished Merit. The applicant must possess exceptional ability in the sciences, arts, or business, which has been recognized nationally or internationally. Such recognition can be demonstrated through awards, publications, or other professional accolades.
• Fashion Models: The applicant must be a fashion model of distinguished merit and ability. The fashion industry demands high-caliber skills, and applicants need to provide evidence of their distinguished contributions and achievements.

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. This dual intent allows visa holders to pursue permanent residency pathways without jeopardizing their current H-1B status. 

Labor Conditions Application: A Crucial Step for Employers

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. The LCA process involves rigorous certification of work conditions, ensuring that no U.S. worker is adversely affected by the employment of H-1B workers. Furthermore, employers must maintain compliance with various rules to avoid penalties and ensure the welfare of their workforce.

The H1-B Visa Cap 

H-1B visas are capped at 65,000 per year for applicants with a bachelor’s degree; these are taken up very quickly. Many people apply on April 1st, which is the opening date for the application. Of those visas, 20,000 are reserved for people who have a master’s degree. Some organizations are exempt from this cap, so if you are working for a publicly funded entity, you may be able to obtain an exemption.

In recent years, United States Citizenship & Immigration Services has received three times more petitions than available visas. The Service has instituted a lottery system to select applicants for a visa number.

Some petitions are exempt from the cap. Applicants who hold master’s degrees are exempt up to the 20,000 limit. Physicians who have received a waiver of the residency program are also exempt. Applicants with employment offers from an institution of higher learning with a research program and not-for-profit schools affiliated with a government entity are also exempt. If you work for a publicly-funded entity, you may be able to obtain an exemption.

What Are The Clear Benefits Of The H-1B Visa? Are There Limitations?

Limitation on Duration

An H-1B petition may be approved for up to three years but may not exceed the Labor Conditions Application's (LCA) validity. The H-1B visa has a maximum duration of six years, meaning that a person who has used the six years must leave the United States unless they qualify for an exception. The exceptions include those applicants who are the beneficiaries of approved I-140 petitions for immigrant visas. Understanding these time limits is crucial for career planning and maintaining legal status in the U.S. Strategic use of extensions and understanding pathways to permanent residency can offer greater stability during one’s tenure in the U.S.

The limitation period only applies to workers in the United States for temporary stays (less than six months). H-4 status holders may not receive extensions beyond six years but may change the status to H-1B since the time spent in H-4 status does not count towards the six years. Careful management of visa status and transition planning can allow family members to maximize their time in the country and explore opportunities for employment and personal development.

A primary benefit is that the H-1B can usually lead to permanent residency. Pursuing permanent residency through an H-1B visa involves strategic planning and the assistance of legal professionals to navigate the complex regulations and requirements.

Family Members (H-4)

Family members of H-1B visa holders receive H-4 status. As mentioned above, the six years duration does not apply to them. They may obtain employment authorization while in that status. Employment authorization for H-4 holders provides additional financial flexibility and opportunities to integrate into the American workforce. This ability can enhance the familial adjustment process and contribute economically to the household while living in the U.S.

Procedures for Obtaining H-1B Visas

Any petitions relating to H-1B status must be filed using Form I-129. The employer must include an H status supplement with the application. The employer must pay USCIS fees and the prevailing wage within 30 days of approval. Navigating the application process requires meticulous attention to detail and a thorough understanding of eligibility criteria. Preparation is key to avoiding pitfalls, ensuring accuracy, and expediting approval processes.

The government fees include the application fee, the fraud fee, and a fee of $750 or $1500, depending on the number of employees it employs. An employee holding H-1B status may transfer employers. However, the employee may only work for multiple employers with a separate petition from the new employer. The employee may begin employment with the new employer when the United States Citizenship and Immigration Services receives the petition. This flexibility in employment allows career mobility and the ability to pursue advanced opportunities while maintaining legal status.

• Related: Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the “Employee-Employer Relationship” in H-1B Petitions

Can the H1-B Visa Lead to Citizenship?

The H-1B visa does not directly lead to citizenship. However, it can be a stepping stone towards permanent residency and eventually citizenship. Preparing for this transition often involves understanding the nuances of immigration law, maintaining valid status, and planning for the long-term immigration journey. Legal guidance in these processes can help clarify eligibility paths and optimize the chances of success.

The process for obtaining citizenship typically involves meeting specific eligibility requirements, such as having a green card and residing in the United States for a certain period. An H-1B visa holder can apply for a green card (permanent residency) through employment-based sponsorship or other avenues. This transformation from a temporary work visa holder to a permanent resident signifies a critical milestone in achieving the American dream.

Contact a team member by calling (813) 499-1250 today for legal help from our Tampa H-1B Visa lawyer.