San Francisco H-1B Visa Attorney

Expert Guidance for H-1B Specialty Occupation Visa Applicants

If you are an international worker and you have been offered a position in a specialty occupation in the United States, you may be eligible for an H-1B visa. The H-1B visa is a nonimmigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations.

Our San Francisco H-1B visa attorney can help you navigate the H-1B visa application process. We have over 20 years of experience practicing immigration law and can assist you with the preparation and filing of your H-1B application. We can also represent you before United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) to ensure that your application is processed in a timely manner.

Contact us online or call (415) 300-2144 to speak with a San Francisco H-1B specialty occupation visa attorney. 

Who Qualifies for an H-1B Visa?

The H-1B visa is available to foreign workers who have been offered a position in a specialty occupation. A specialty occupation is a position that requires a bachelor's degree or its equivalent in education, training, or experience. The position must also be in a field that is typically classified as a profession.

Examples of specialty occupations include architecture, engineering, computer science, mathematics, medicine, and college teaching. The specialty occupation must also require a minimum of a bachelor's degree or its equivalent. An H-1B visa applicant must have a bachelor's degree or the equivalent in education, training, or experience.

The H-1B visa is limited to 65,000 visas per fiscal year, with an additional 20,000 available to individuals who have earned a master's degree or higher from a U.S. institution. The H-1B visa is valid for up to three years and can be renewed once for an additional three years. An H-1B visa can be converted to a green card if the worker has a permanent employment offer that meets certain eligibility criteria.

The H-1B visa is only available to foreign workers who are being sponsored by a U.S. employer. The employer must first file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). The LCA is a document that attests that the employer will abide by the H-1B visa regulations.

The LCA is only valid for 30 days. This means that the H-1B visa application must be filed within this timeframe.

The sponsoring employer must also file an H-1B petition with USCIS. The H-1B petition must include a copy of the LCA, documentation of the specialty occupation, documentation that the worker has a bachelor's degree or equivalent, and evidence that the worker will be paid the prevailing wage. The H-1B petition must be accompanied by the filing fee, which is currently $460.

H-1B Workers Already in the U.S.

If the worker is already in the United States, the sponsoring employer must file a request to transfer the H-1B visa. The worker must also file an application to change their status to that of a lawful permanent resident. This application must be accompanied by an additional filing fee of $930. The worker must wait until their priority date is current before they can proceed with the green card application.

H-1B Workers Outside of the U.S.

If the worker is outside of the United States, the sponsoring employer must file a consular processing application. The worker must go through consular processing and return to the United States before they can proceed with their application to change their status to that of a lawful permanent resident.

Why Should I Hire an H-1B Visa Attorney?

Navigating the H-1B visa application process can be a daunting and confusing task. The application must be carefully prepared and filed, and there is a great deal of uncertainty regarding when the worker will be eligible to apply for lawful permanent residence. An experienced immigration attorney can help you to avoid common mistakes and to ensure that your application is processed as quickly as possible.

Contact us online or call (415) 300-2144 to speak with a San Francisco H-1B specialty occupation visa attorney.