BUSINESS VISAS - H-1B

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In order to qualify for an H-1B visa, the foreign national applicant must hold at least a Bachelors Degree and the USA position must require at least a Bachelors Degree. The USA employer must agree to pay the H-1B employee at least the prevailing wage as earned by similarly employed workers in the area of employment and must make other attestations as stipulated by the US Department of Labor. Individuals seeking a US work visa who do not qualify for H-1B status should explore alternative visa options, such as an L-1 or TN visa.

Only 65,000 H-1B numbers are issued each year. Although an additional 20,000 H-1B numbers are made available to foreign professionals who have earned an advanced degree from a USA educational institution of higher learning. In past years, which continues to the present, H- 1B visas has exceeded supply to such an extent, that all available visas have been exhausted in days, weeks or months. This has resulted in the administration of a ‘lottery’ system, whereby USCIS only compels processing on randomly selected applications. Applications that are not selected from the lottery are rejected. Given so few H-1B numbers are made available, the successful H-1B applicant have had to approach the H-1B visa application process with foresight and a calculated strategy.

The H-1B application process is extremely complicated not only from a timing perspective, but also because of the number of forms and exhibits required. In years where the lottery system is in place, it is vital to submit a flawless H-1B package. Mistakes and miscalculations in submission of the H-1B visa application process can mean that a visa applicant must wait for an entire year before he or she is eligible to submit another visa application.

The Law office of Brian T O’Neill can provide the tools you need to make the most informed decisions about applying for the H-1B visa. Find out how the process works, what timing and considerations are involved, what forms and supporting exhibits must be submitted, preparing and obtaining a labor condition determination before the US Department of Labor, before submitting an H-1B packag


Call the Law office of Brian T. O’Neill at 617-722-4000,  contact us online or fill out the form to the right. We will gladly answer your questions or schedule a consultation.