H-1B Visa & Qualified Person
H-1B is the most popular work visa in the H class of non-immigrant visas. In general, an H-1B visa is for a foreign worker coming to the US to temporarily perform services in a specialty occupation for a US employer. Of paramount concern is i) whether the job is in “specialty occupation,” ii) whether the worker has the qualifications, and iii) whether the employer is a “US employer.”
A “specialty occupation” is simply one where at least a US Bachelor’s degree (or foreign equivalent) in a specific discipline is required for the job. So how do Our Iranian H1B Visa Immigration Lawyer determine whether a specific type of Bachelors degree is required for the job? Generally, At Aria Law Group our California Immigration Lawyer have to research sources that the immigration service considers authoritative, which specifically state that a Bachelor’s degree in a specific field is required. For example, it is clearly established that a Financial Analyst requires a Bachelor’s degree in Business Administration or a related field. In cases where authoritative sources are not clear whether the job requires a specific type of degree, the Immigration and Nationality Act (INA) dictates that there are alternate methods to prove that the specific job offered indeed requires a degree.
Sometimes the worker does not have the precise educational qualifications for the job, but this is not fatal to the application; there are alternatives. Those with Associates degrees, or even no degree at all, can be qualified as having the equivalent of a Bachelor’s degree when proving that they have the experience to make up for the years of education that they lack. There are also additional requirements which the visa applicant must establish, such as expertise in the field. Also, in some cases, the individual has a Bachelor’s degree that is incongruous to the job offered. Such issues may be effectively resolved by an experienced and creative Iranian Immigration lawyer.
Iranian H1B Visa Immigration Lawyer will assist you with the petition:
The petition itself is made by a “US employer.” Basically, a US employer is a company that possesses a tax ID number. However, the Immigration Service will also expect the employer to prove that it is positioned to offer the job. The employer must establish that it will pay at least the prevailing wage, and that the nature of its business is such that it would be able to offer the job. For example, a small computer repair shop would have a hard time proving that they would need a market research analyst.
Process of Obtaining an H-1B Visa
H-1B visas are generally rationed out every year, starting on October 1st, and the earliest one may file for an H-1B visa is April 1st. In previous years, the quota for issuing H-1B visas was met in the first week of April, but in some instances, notably for the 2010 fiscal year cap, H-1B visas were available up until December. There are limited exceptions to the quota.
To discuss H-1B visa petitions and other alternatives with an experienced Iranian immigration Lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630