Rockland County H1B Visa Lawyer

Rockland County H1B Visa Attorney

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

What Is the H-1B Visa?

An H-1B visa gives employers the right to hire nonimmigrant employees. This visa is given on a temporary basis, with a three-year allowance. When workers reach this three-year limit, they can request an extension, which can grant them up to six years in the United States. While in H-1B visa status, employees may apply for other visas or for a Green Card for permanent residency.

The H-1B visa is utilized for highly technical and/or theoretical fields of work. The occupation must be considered a “specialty” occupation for an H-1B visa to apply. Common specialty occupations include:

• Engineering
• Computer science
• Accounting
• Science
• Architecture
• Medicine

Typically speaking, the profession must require at least a bachelor’s degree or a foreign equivalent. If the applicant does not have a degree, relevant work experience or an unrestricted certification may suffice. The degree must either be the minimum requirement, the industry standard, or typically required by the employer. Alternatively, the job may require a level of knowledge acquired through a degree.

Benefits of the H-1B Visa

The H-1B visa comes with benefits for both employer and employee. For employers, these benefits include:

• Having a broader pool of candidates to choose from
• Having a range of perspectives that can enhance creative input and solutions
• Greater ability to fill a role that may be difficult to fill locally

For employees, these benefits include:

• Ability to live and work in the United States in their preferred profession
• Gateway to permanent residency (ability to apply for a Green Card while on visa status)
• Potential career advancement, leading to increased income
• New environment and opportunities, both social and professional

H-1B Cap and Lottery System

Due to the high demand for the H-1B visa, the USCIS (United States Citizenship and Immigration Services) issues a limited number of H-1B visas. When the demand is higher than the cap, the USCIS operates on a lottery system. This means that even if you meet the requirements, selection is not guaranteed. This attempts to make the selection process fair.

The cap amount for those who hold a master’s degree is usually higher than those who only hold a bachelor’s degree, making it easier for those who hold a master’s degree to be selected. The cap amount is subject to change, so be sure to check periodically to ensure it remains up to date.

H-1B Visa Process

Those seeking the H-1B visa in Rockland must follow a specific process in order to obtain one. The process usually begins with an employer making a job offer to a potential candidate. The employer then files a Labor Condition Application with the U.S. Department of Labor. Applicants will then have to gather the necessary documentation for the application process, including education credentials (such as transcripts and/or degrees).

The employer uses these supporting documents to file Form I-129 (Petition for Nonimmigrant Worker). Then, the USCIS processes the application. If the visa application gets approved, the employee applies for a visa at the consulate in their country.

Once their visa is approved, the employee may come to the United States and begin their employment for a period of 3 years, in accordance with the H-1B visa.

H-1B Visa Documents

When applying for a visa, both the employee and the employer must submit specific documentation for approval. Having this checklist can help both parties avoid delays or denials in the application. Employers must have the following documents:

• Form I-129
• Labor Condition Application
• Job offer letter
• Employer’s business information, such as financial records and structure

Employees must have the following documentation:

• Bachelor’s degree (or higher)
• Resume
• Transcripts
• Valid passport
• Passport photos

Employers should also be aware of their financial responsibility when applying for a visa and can speak with a lawyer to understand the full scope of their responsibilities.

FAQs

Contact Pollack, Pollack, Isaac & DeCicco

The dedicated legal team at Pollack, Pollack, Isaac & DeCicco can help you with your H-1B visas. We have many years of experience helping our clients with their visas and can confidently