Westchester County H1B Visa Lawyer

Westchester County H1B Visa Attorney

The H-1B visa is one of the most commonly sought-after visas for working professionals. A Westchester County H-1B visa lawyer at Pollack, Pollack, Isaac & DeCicco, LLP can help you understand the requirements, benefits, and process of attaining a visa.

At PPID, our immigration lawyer team has extensive experience handling H-1B visa applications for both employers and foreign workers in Westchester County..

What Is an H-1B Visa?

An H-1B visa is a nonimmigrant visa that permits employers to hire foreign workers on a temporary basis. For this visa, the occupation requires theoretical or technical proficiency. This visa is often used in fields such as information technology, engineering, education, and medicine.

The H-1B visa, given by the United States Citizenship and Immigration Services (USCIS), helps employers in the United States fill positions that require a specific skill set. Because the visa is temporary, it typically lasts three years; however, it can be extended to up to six years.

Eligibility Requirements

In order to qualify for an H-1B visa in Westchester County, there are certain requirements that both the employee and employer must meet. These include:

• The occupation must be a specialty occupation. This means special knowledge is required to complete the job, typically through higher education. Examples of this include IT professionals, scientists, architects, healthcare professionals, and financial professionals.
• The worker must have at least a bachelor’s degree from the United States or a similar foreign degree. If the employee does not have a degree, relevant work experience may be able to supplement any lack of schooling.
• Employer sponsorship. An employer must sponsor an employee with an H-1B visa. This means that the U.S. employer must petition on the employee’s behalf. It must be proven that a legitimate employee/employer relationship has been established and that the employer is willing to pay the appropriate wage.

In addition to these requirements, the USCIS has an annual cap on the number of H-1B visas that are given due to their high demand. To keep things fair, applicants are placed in a lottery system where they are randomly chosen for processing.

Benefits of Having an H-1B Visa

The H-1B visa offers many benefits to both employees and employers, making it one of the most commonly sought-after visas. Some of the benefits include:

• Work authorization. The main benefit of H-1B is the authorization of foreign workers to work in their professional fields within the United States.
• Path to permanent residency. The H-1B visa does not grant permanent residency; however, many look to it as a stepping stone to help them do so. Applying for residency does not affect the employee’s visa status.
• Employer flexibility. If an employee changes employers, they do not automatically lose their visa status. Their new employer will have to file a petition for transfer, and the employee should be able to work for them.
• Additional visas. In some cases, H-1B visa holders can have their children and spouses live with them in the U.S. under the H-4 visa, allowing families to stick together.

The H-1B Visa Process

The H-1B Visa application process takes several steps that must be completed before obtaining a visa. These steps typically proceed as follows:

• The employee gets a job offer.
• The employer files an LCA (Labor Condition Application) with the U.S. Department of Labor. This step ensures that the worker will be paid the prevailing wage and that the employer will adhere to labor laws.
• After the LCA is certified, the employer files a Form I-129. This is a petition for a nonimmigrant worker. The employer also sends relevant supporting documents, including the certified LCA, job description, and employee qualifications (such as the relevant degree).
• If the limit for applicants has been reached, a lottery will be conducted. The USCIS processes this information, and additional evidence may be requested.
• If the application is approved, the employee will then apply for a visa at the U.S. consulate in their home country. A visa interview may be required.
• Once the visa is approved, the employee may enter the U.S. After entering the country, they may begin their new job as outlined by their employer.

FAQs

Contact Pollack, Pollack, Isaac & DeCicco Today

If you are looking to secure your H-1B visa, Pollack, Pollack, Isaac & DeCicco can help you. A PPID lawyer can assist you through this process from beginning to end. We can analyze your situation and explain your options to you. Contact us today to further your professional journey.