H-1B Employment Visas

Montgomery County Immigration Lawyers

Some of the greatest minds and best workers in the world are outside of the United States of America. In order to hire a foreign specialist who is considered an expert in their field, employers must petition for an H-1B visa. While this process is considered generally easier for the employee than filing for a green card, it can become complicated for the employer and petitioner.

If you need to get an H-1B employment visa for a specialist you want to join your company, let USILaw help you get them here. Our Montgomery County immigration attorneys are renowned for bringing personalized service and successful solutions to clients across the globe. Come learn what our past clients are raving about in appreciative testimonials by contacting us today.

H-1B Visa Eligibility and Other Restrictions

The United States government will only allow a certain number of H-1B visas to be issued each year, with the cap set at 85,000. While this may seem like a high number, the cap is regularly met every fiscal year. If you are thinking about hiring a specialist from another country for your company, it pays to take action as soon as possible before you are forced to wait another year due to the cap.

Specialists and careers must also meet certain requirements in order to qualify for H-1B visa consideration, including:

  • Career must require at least a Bachelor’s degree or an equivalent certification
  • The required degree must be relevant to the job’s description
  • Job description must require work that can only be completed by someone with the degree
  • Specialist must have the degree or a foreign degree equivalent

Evidence may be requested by the United States Citizenship and Immigration Services (USCIS) office handling your petition. You may wish to have copies of degrees, a detailed job history report of the specialist, and written testimonials from other experts before petitioning for the H-1B visa.

Wage Requirements for H-1B Visa Holders

In addition to an H-1B visa holder’s desired position requiring a bachelor’s degree or bachelor degree equivalent, the job must pay a certain amount. The cap can vary depending on the actual field but it is generally considered that it should meet salary requirements. The United States Citizenship and Immigration Services (USCIS) department is not wont to take people for their word, and you will have to make efforts to demonstrate that you will, in fact, be paying your specialist the appropriate wages during their stay in the country.

To make this demonstration clear, you will need to collect a Labor Condition Application (LCA) from your specialist to be filed with the Department of Labor. This documentation must also first be certified by the Secretary of Labor. Your specialist will need to be paid equal to what nonimmigrant employees of yours earn in a similar field and with similar experience, or the average wage for such a professional in that area of expertise, whichever is greater.

If your specialist has already performed worked for you company across borders, you should provide:

  1. Recent paystubs and paychecks
  2. Employee’s W-2 forms

It should be noted that wage and salary requirements must be in place in order for the H-1B visa application to be accepted, not necessarily to keep the specialist in the country after initial approval and arrival. If job performance evaluations or other outside circumstances deem that a cut to the specialist’s wages is necessary, it may be possible to do so without compromising their temporary residence. You should always check with either an immigration law attorney or an employment law attorney before you make any changes to an H-1B visa holder’s wages to avoid any potential complications that could reflect negatively back to you, the employer.

Let Us Help You Empower Your Business

If your specialist of choice does qualify for an H-1B visa, they will be granted three years to live within the country, which can be extended to six years if the occupation requires it. At the end of that duration, the individual can file for permanent residency. It is important to realize that growing your company and improving the life of a foreign specialist through gainful employment starts with you and your decision to file a petition for the appropriate employment visa. Schedule an initial consultation with our Montgomery County immigration attorneys today for more information.