Washington, D. C. Attorneys Handle Issues Relating to H-1B Visas
Established immigration firm assists businesses seeking specialty workers
Businesses that require workers with specialized training, skills or experience might not be able to find the people they need within the United States workforce. In these situations, H-1B nonimmigrant visas bring together people in specialized occupations from around the world with the American companies that need them. However, securing this type of authorization is a complex, multistage process. At the Washington, D.C.-based Deutsch, Killea and Eapen, Immigration Law Firm, we advise businesses and individuals on the rules governing H-1B visas and work diligently to help clients accomplish their objectives.
What are H-1B visas?
Established under the Immigration and Nationalization Act of 1965, H-1B visas are intended to supply American companies with employees who have particular skill sets. Frequently, these workers have significant experience in engineering, computers or the hard sciences. A business that is seeking to add a specialty worker from another country is referred to as the petitioner while the prospective employee is called the beneficiary. Someone who receives an initial H-1B visa is permitted to live and work in the United States for three years initially and can request a three-year extension after that. At the end of the six years, the visa recipient must return to their home country or pursue an adjustment of status.
Knowledgeable counselors advise on H-1B eligibility requirements
Our accomplished attorneys provide skillful counsel regarding H-1B eligibility requirements. Depending on the particular situation, these can include:
- A college degree or professional license — H-1B visas are primarily granted to workers who have earned at least a Bachelor’s degree or its equivalent in the field in which they seek employment. You can also receive authorization if you hold a state license or certification that allows you to start work immediately. Other nonimmigrant visa programs do exist for unskilled workers, such as summer employees who are brought to work in the tourism or hospitality industry.
- Labor Condition Application — Employers seeking to sponsor a worker must have a Labor Condition Application accepted by the Department of Labor. This document describes the specific job and the salary that the prospective employee will earn. Moreover, the employer must attest that the hiring was done openly and that it will not negatively affect other workers.
- Work with the Department of Defense — A different visa, the H-1B2, is available to individuals who are being brought to the United States to work as a researcher or development project worker for the Department of Defense (DOD). These types of applications must include a verification letter from the DOD project manager.
After reviewing the facts in your situation, our immigration lawyers can help you collect and present the materials necessary to support your visa application.
How the selection lottery affects H-1B visa registrants
Only a limited number of H-1B visas are granted annually. Currently, United States Citizenship and Immigration Services (USCIS) allows for a total of 85,000 per year, with 20,000 of those being limited to applicants who possess a Master’s degree or the equivalent. Typically, the number of registrants far exceeds the available number of visas, so a lottery takes place to determine who will receive an H-1B. USCIS notifies selected registrants by the end of March, and they have 90 days after that to file their petition.
Contact an experienced DC Metro immigration lawyer to discuss the H-1B visa process
Deutsch, Killea and Eapen, Immigration Law Firm works on behalf of U.S. businesses and workers in specialized occupations to secure H-1B visas. To make an appointment for a consultation, please call 202-728-0820 or contact us online. Our office is in Washington, D.C.