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