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H-1B Visas Your Dream is My Dream

Top Tampa, FL H-1B Visa Services for Foreign Workers

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 (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. 

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 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.

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.
  • 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: 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 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.

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At American Dream Law Office, PLLC, your dream is my dream, and it shows in our reviews! See for yourself what our clients have to say about working with us.

    "My wife and child were granted there green cards today."
    Ahmad and his team guided us the whole Way.
    - Former Client
    "I couldn’t have asked for a better man to help me"
    had a complicated situation, he was patient thorough and professional.
    - Former Client
    "He is on top of the game"
    He knows the laws inside and out. He won our case/appeal after 9 years!!!
    - Angel U.
    "I was more than well prepared for my interview"
    He was prompt and thorough answering all my questions. He is very professional and has a wealth of experience.
    - Former Client
    "Blessings and best wishes"
    Although initially, due to my previous experiences, I doubted that I would ever have a favorable outcome regarding my status, he was able to give me the validation that I needed and ultimately a successful conclusion, putting this chapter of my life behind
    - Kelly R.
    "I’ll have the American Dream Law Office to thank"
    I had been searching high and low for an attorney that wasn’t just trying to over charge me and by coincidence I found the best one.
    - Former Client
    "Always ensuring that I was fully prepared"
    I could not have done this without his help. When it comes to relocating to another part of the world, there will always be obstacles to overcome, you will need help.
    - Michael H.
    "We had a lot of difficulties"
    Today we finally got the approval for my husband’s green card
    - Aya B.

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    The American Dream Law Office

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