Orlando H-1B Visas Lawyer

Navigate the H-1B Visa Process with Confidence

Obtaining an H-1 B visa can be crucial for highly skilled foreign workers seeking opportunities in the United States. The process, however, can be complicated, requiring careful attention to legal procedures and documentation. Working with an experienced Orlando H-1B visa lawyer can help streamline this process and increase the likelihood of success. At Maney | Gordon | Zeller, P.A., we assist employers and employees in navigating the H-1B visa process professionally and efficiently.

Call Maney | Gordon | Zeller today at (800) 708-4399 or contact us online to schedule a meeting with our H-1B visa attorney in Orlando!

What is an H-1B Visa?

The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in roles that require specialized knowledge. The visa is designed explicitly for positions requiring at least a bachelor's degree or equivalent in a specialized field. Examples of these fields include information technology, engineering, medicine, business, and finance.

An H-1B visa is initially valid for three years, with the option for extensions. This visa allows workers to live and work in the United States for their employment with the sponsoring employer. However, the visa holder is restricted to working for that employer, and any employment change requires filing a new petition.

Who Qualifies for an H-1B Visa?

To qualify for an H-1B visa, the foreign worker and the U.S. employer must meet specific requirements. These include:

• The Worker: The foreign worker must have a job offer for a role in a specialty occupation. This occupation must require at least a bachelor’s degree or higher in a specific field. The worker must possess the necessary qualifications, including relevant education, work experience, or a combination of both.
• The Employer: The U.S. employer must be willing to sponsor the worker’s visa application and provide proof that the position being offered is a specialty occupation that meets the necessary educational and skill-based requirements.
• The Job: The role must require specialized knowledge and skills typically associated with a higher education degree. Jobs in computer science, engineering, and mathematics are typical examples of specialty occupations.

Additionally, the number of H-1B visas granted each year is capped at 65,000, with an additional 20,000 visas available for workers with U.S. master’s degrees or higher. Certain employers, such as nonprofit organizations or educational institutions, may be exempt from this cap.

H-1B Visa Process: Step-by-Step

The process of applying for an H-1B visa involves several stages, and each stage requires careful attention to detail. The following is a general overview of the steps involved in securing an H-1B visa:

1. Labor Condition Application (LCA): Before submitting the H-1B petition, the employer must file a Labor Condition Application with the U.S. Department of Labor. This step verifies that the employer offers the position at the required wage level and that the working conditions align with U.S. labor laws.
2. Filing the H-1B Petition: Once the LCA is approved, the employer can submit the H-1B petition to U.S. Citizenship and Immigration Services (USCIS). This petition provides details about the job, the employee, and the employer, demonstrating that the role qualifies as a specialty occupation.
3. USCIS Review: USCIS will review the petition to ensure it meets all requirements. In some cases, USCIS may request additional documentation or clarification. Once reviewed and approved, the petition will receive an approval notice.
4. Visa Application: Once the petition is approved, the foreign worker can apply for the H-1B visa at a U.S. embassy or consulate in their home country. The worker must attend an interview and submit documentation verifying their qualifications and the job offer details.
5. Entry into the U.S.: If the visa is approved, the employee can enter the U.S. and begin working for the sponsoring employer. The visa holder can remain employed with the same employer for the duration of their visa as long as they comply with all U.S. immigration regulations.

It’s important to note that the H-1B visa is highly competitive due to the annual cap. In recent years, the number of applications has far exceeded the available number of visas, leading to a lottery system for selecting petitions. An experienced Orlando H-1B visa lawyer can help ensure the application is filed correctly and stands the best chance of being selected.

Contact Our Orlando H-1B visa Attorney Today

Securing an H-1B visa is critical for foreign workers seeking to contribute their specialized skills to U.S. employers. With the assistance of a knowledgeable Orlando H-1B visa lawyer, the process can be more manageable and less stressful. Our Maney | Gordon | Zeller, P.A. team has the expertise and experience to guide employers and employees through every step of the H-1B visa process, from initial petitions to visa approval. Contact us today to discuss how we can help you navigate this complex immigration pathway and achieve your professional goals in the United States.

Contact Maney | Gordon | Zeller today to schedule a meeting with our H-1B visa lawyer in Orlando!