Tampa H-1B Visa Lawyers

What is an H-1B Visa?

The H-1B visa is a non-immigrant visa that allows U.S. companies to hire foreign workers in specialty occupations. These occupations typically require a high level of skill and education, such as jobs in fields like technology, engineering, healthcare, finance, and academia. The H-1B visa allows individuals to work in the United States for an initial period of up to three years, with the possibility of extension for up to six years.

The U.S. government caps the number of H-1B visas issued each year, with 65,000 visas available under the regular cap and an additional 20,000 visas available for individuals with a U.S. master's degree or higher. Due to this limited availability, obtaining an H-1B visa can be competitive, and the application process requires careful attention to detail to ensure success.

Would you like to learn more about working with our team? Call (800) 708-4399 now to set up a case evaluation with an experienced Tampa H-1B visa attorney.

Eligibility for H-1B Visa

To be eligible for an H-1B visa, both the employer and the employee must meet specific criteria:

Employer Requirements:

• Job Classification: The employer must offer a position that qualifies as a "specialty occupation," meaning it requires specialized knowledge and at least a bachelor's degree in a relevant field.
• Wage Requirements: The employer must pay the employee a wage that is at least the prevailing wage for the occupation in the area of employment to ensure that U.S. workers' wages are not negatively impacted.
• Labor Condition Application (LCA): The employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) to certify that hiring a foreign worker will not adversely affect the working conditions of U.S. workers.

Employee Requirements:

• Educational Qualification: The prospective H-1B visa holder must hold at least a bachelor's degree or its equivalent in a field related to the offered position. In some cases, work experience and specialized training can be considered in lieu of formal education.
• Job Relevance: The individual’s degree or qualifications must be directly related to the position being offered by the employer.
• Proof of Employment: The employee must have a valid job offer from a U.S. employer who is willing to sponsor the H-1B visa.

Process of Obtaining an H-1B Visa

The H-1B visa application process can be complex, involving multiple steps and government agencies. It is crucial to work with an experienced Tampa H-1B visa lawyer from Maney | Gordon | Zeller, P.A. to ensure that every step is handled correctly and in a timely manner.

Step 1: Obtain a Job Offer

Before applying for an H-1B visa, the foreign worker must secure a job offer from a U.S. employer. The job must meet the requirements for a specialty occupation, and the employer must be willing to sponsor the employee for the visa.

Step 2: File Labor Condition Application (LCA)

The employer must file an LCA with the Department of Labor. The LCA certifies that the employer will pay the prevailing wage for the position and that the hiring of a foreign worker will not negatively affect U.S. workers. The LCA process generally takes about seven days to complete, but it is a critical step in ensuring the legitimacy of the job offer and employment terms.

Step 3: Submit Form I-129 Petition

After the LCA is approved, the employer must file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition includes detailed information about the job offer, the employer, and the prospective employee. Additionally, all required documentation, such as proof of the employee’s education and qualifications, must be submitted.

Step 4: H-1B Lottery Selection (If Applicable)

Since the number of H-1B visas is capped each year, applications are typically submitted for a lottery. If the petition is selected in the lottery, USCIS will continue to process the application. If not, the employer may need to explore alternative visa options.

Step 5: H-1B Visa Approval

Once the Form I-129 petition is approved by USCIS, the employee may apply for an H-1B visa at a U.S. consulate in their home country. After the visa is issued, the employee may enter the United States and begin working for the employer under the H-1B visa status.

H-1B Visa Duration and Extensions

The initial period of stay for an H-1B visa is typically up to three years. However, the visa can be extended for a total of six years. In certain cases, such as when an employee is in the process of obtaining a green card, extensions beyond six years may be possible.

It’s important to note that an H-1B visa is tied to the sponsoring employer. If an employee wants to change employers, the new employer must file a new H-1B petition on behalf of the employee, a process often referred to as an H-1B transfer.

Don’t wait until the last minute – call our Tampa H-1B visa lawyers at (800) 708-4399 to get started today.