H1-B Visas


South Carolina H-1B VIsas Attorney

As a professional applying for an H-1B visa, chances are that time is of the essence. Mistakes cannot be made in the petition that the company files on your behalf. The Pinilla Law Firm has the knowledge, experience, and skills to execute your documents efficiently and with attention to detail.

Why is the H1-B Visa Sought After?

The H-1B visa is issued to professionals in specialty occupations such as lawyers, architects, scientists and engineers. There is a limited number of H-1B visas granted or allocated each year. It is a particularly sought after visa because you can obtain one quickly, and a professional may hold H-1B status for up to six years. During the six years, you may be able to seek permanent residence in the United States if a U.S. company agrees to sponsor you.

What Documents are Needed to Acquire an H-1B Visa?

In order to obtain an H-1B visa, you will need to show a number of documents, including:

  • Professional degree (bachelors, masters or doctoral)
  • Transcripts
  • Evaluation of your degree performed by a credential evaluator, if you earned your degree from a foreign university
  • Petition from your employer with an appropriate salary offer, which our office can prepare
  • Documents to demonstrate the employer's means with which to pay your salary

Labor Condition Application

The prospective employer must obtain a certification of a Labor Condition Application (LCA) from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer.

The employer must attest:

  • They will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.
  • They will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.

Period of Stay

H-1B nonimmigrants are admitted for a period of up to three years.  Prior to the expiration of the initial three year period, H-1B nonimmigrants may extend their visas for an additional three years.  The maximum period of stay on H-1B is six years unless an approved Labor Certification or I-140 is secured prior to the expiry of the H-1B.

H-1B Cap

There is an annual numerical limitation of 65,000 H-1B visas each fiscal year.  An additional 20,000 H-1B visas are set aside for foreign nationals holding a U.S. master’s degree or higher.

Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.

Family Members

Dependent Spouses and Children of H-1B nonimmigrants may qualify for H-4 status.  Family members on H-4 status are not work authorized and therefore cannot engage in employment in the U.S.

 

Call Us for Your Initial Consultation

Contact our South Carolina immigration lawyer today to discuss the possibility of an H-1B visa and schedule an initial consultation. We will give you a preliminary assessment of your case and help you understand the legal issues involved. Call us at (803)728-0045 to schedule an appointment.