H-1B Temporary Worker Visa

What is an H-1B visa, and how can it help me?

At The Law Office of Bruce C. Bridgman, our Orange County immigration lawyers have handled many cases in the past where an applicant wished to come to the U.S. for temporary work. We have achieved success with our clients in the past, and we will work for you in the same way. This visa is used by employers to petition the U.S. government to allow a foreign national entry into the country for a temporary period of time to fulfill an occupation that they are qualified for.

If you plan to come to the United States for the purpose of engaging in a temporary occupation, we can help you in the application process for the H-1B visa and ensure that you are fully prepared for the road ahead. Often referred to as the "temporary worker visa," the H-1B will allow you entry into the U.S. for up to six years. After three years of stay, you will be required to exit the country before being allowed back in for the remainder of your valid visa. Once this visa has expired, you will be required to remain out of the country for at least one year before you will be eligible to receive a new stamp.

Factors & Qualification to Consider in Obtaining Your Visa

The H-1B is a limited visa, which means that there is a quota for the U.S. government to fill. Once the cap has been reached for the year, you will be unable to obtain a visa to enter the country the following year. It is important to know, however, that there is an additional quota to fill for those who have completed a Master's degree from the United States. This is a very competitive visa, and in past years, the quota has been filled within days. If you wish to apply for this visa, you need an attorney on your side, and you need to be aware of the various qualifications you will need to meet.

The qualifications of eligibility for a temporary worker visa will include the following:

  1. You must have an employment relationship with the employer petitioning on your behalf
  2. Your job must qualify as a specialty occupation (see below)
  3. The job must be in an occupation related to your field of study
  4. You must show that you will be paid the actual or prevailing wage for your occupation

What is a specialty occupation?

When you are planning your trip to the United States, it is important to understand what kinds of occupations you will be allowed to work in on this visa. One primary requirement for entering the country on an H-1B visa is that you are entering a job in a specialty occupation that is related to your field of study. A specialty occupation requires that any one of these qualifications be met:

  • The minimum requirement for the position is a bachelor's degree (or higher), or its equivalent
  • The common requirement for the position is a bachelor's degree, or it is so complex that it can only be occupied by a graduate
  • The employer requires a minimum of a bachelor's degree by anyone pursuing the job
  • The duties associated with the position are so complex that the knowledge needed to complete the job is normally associated with a degree holder

Essentially, you will need a bachelor's degree or higher, and you will need to show that it is in a field of study related to the job you will pursue here in the United States.

Ready to apply for your visa? Contact us 24/7!

There may be a significant time difference between your country of current residence and the U.S., or you may be facing an urgent situation where you need to discuss your situation with an Orange County immigration attorney immediately. Whatever your circumstances are, we are available to talk 24/7, and we offer a free case evaluation to all potential clients. Call our office today to gain some more information about your case. Let us work alongside you and help you achieve your goals!

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