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Work Visa

Temporary visa

What is an H-1B Visa?

The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations generally require specialized knowledge and a bachelor’s degree or higher in a related field.

Eligibility Criteria:

For Employers:

  • The employer must have a valid job offer for a specialty occupation position.
  • The employer must demonstrate that the position requires specialized knowledge and a bachelor’s degree or higher in a related field.

For Employees:

  • The employee must possess a bachelor’s degree or higher in a related field or its equivalent.
  • The employee’s degree must be relevant to the specialty occupation they are being hired for.
  • The employee must be sponsored by a U.S. employer who has a valid job offer.

Application Process:

The H-1B visa application process typically involves the following steps:

  • Labor Condition Application (LCA): The employer must file an LCA with the U.S. Department of Labor, providing information about the job, location, wages, and attestations regarding working conditions.
  • Form I-129 Petition: After receiving the certified LCA, the employer submits Form I-129, Petition for a Nonimmigrant Worker, to the USCIS. This form includes detailed information about the employee, the job, and the employer.
  • Lottery Selection (if applicable): If the number of H-1B applications exceeds the annual cap, a random lottery is conducted to select the applications that will be processed further.
  • USCIS Processing: USCIS reviews the petition, verifying the credentials of the employee and assessing the job’s eligibility as a specialty occupation.
  • Consular Processing (if outside the U.S.): If the employee is outside the U.S., they will need to apply for an H-1B visa at a U.S. consulate or embassy.
  • Change of Status (if inside the U.S.): If the employee is already in the U.S. on a different non-immigrant status, they may apply for a change of status to H-1B.

Duration and Extensions:

H-1B visas are typically granted for an initial period of up to three years, with the possibility of extensions for up to a total of six years. In certain cases, H-1B holders may be eligible for extensions beyond the six-year limit, such as if they have a pending employment-based green card application.

Dual Intent:

H-1B visas are considered “dual intent” visas, meaning that holders can pursue lawful permanent residency (a green card) while maintaining their H-1B status.

Dependents:

H-1B visa holders’ spouses and unmarried children under 21 years of age can accompany them to the U.S. under the H-4 visa category.

H1-B Processing Fee:

We charge a flat H-1B visa filing fee of $1100, which includes shipping and incidentals but does not include RFE responses, if applicable. In addition, you are responsible for the USCIS filing fees associated with your case.

If, after your initial consultation, you decide that an H-1B visa is not a suitable course of action, we offer a range of other immigration options.

TN Visa

The TN visa is a specialized non-immigrant status established under the North American Free Trade Agreement (NAFTA), allowing certain citizens of Canada and Mexico to work temporarily in the U.S. under nonimmigrant TN status.

Eligibility Criteria:

  • The profession must be on the NAFTA list.
  • The foreign national must possess the necessary training for that specific profession.
  • The position in the United States must require a NAFTA professional.
  • The foreign national must work for a U.S. employer.
  • The applicant must be a citizen of Canada or Mexico.
  • The applicant will engage in either a full-time or part-time job for an employer, with self-employment not applicable.
  • The applicant must meet specific qualifications, including education and/or experience, for the profession.

L-1 Visa (Intra-company Transferees)

The L-1 visa is applicable to individuals falling into various categories, including foreign national executives, managers, and specialized knowledge employees of companies outside the U.S. with related U.S. branches.

Types of L-1 Visas:

  • L-1A for executives and managers, valid for up to 7 years.
  • L-1B for workers with specialized knowledge, valid for 5 years.
  • After 7 or 5 years respectively, foreign nationals must generally work abroad for at least 1 year to qualify for L-1 status again.

Qualifying Conditions of Employer and Employee:

To qualify for L-1 classification, the employer must have a qualifying relationship with a foreign company. The employer must continue to do business in the U.S. and at least one other country directly or through a qualifying organization, engaging in regular, systematic, and continuous provision of goods and/or services.

Duration of Stay:

Eligible employees establishing a new office in the U.S. are allowed a maximum initial stay of one year. Other eligible employees can stay initially for up to three years.

Qualifications for L-1 Visa

The employee must meet the following conditions:

  • Generally, have worked for a qualifying organization abroad for one continuous year within the three years immediately preceding admission to the U.S.
  • Intend to enter the U.S. to provide services in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
    • Executive capacity involves making significant decisions with limited oversight.
    • Managerial capacity refers to supervising and controlling professional employees or managing an essential function, department, subdivision, function, or component of the organization.
  • Duration of Stay:
    • Eligible employees establishing a new office in the U.S. are allowed a maximum initial stay of one year.
    • Other eligible employees can stay initially for up to three years.
    • L-1A employees may request extensions in increments of up to two years, reaching a maximum limit of seven years.
  • Family Status of L-1 Workers:
    • The transferring employee's spouse and unmarried children under 21 may accompany them.
    • Family members can seek admission in L-2 nonimmigrant classification, with the same period of stay as the employee.
    • Family members already in the U.S. seeking a change of status or extension can apply collectively using Form I-539, Application to Change/Extend Nonimmigrant Status.
    • Spouses of L-1 workers can apply for work authorization using Form I-765, Application for Employment Authorization, with no specific restrictions on the L-2 spouse's workplace.