How Can I Get An H-1B1 Visa?

Put simply, United States employers that are interested in employing foreign workers must understand the different types of employment-based immigration visas. One example is the H-1B1 visa. Continue reading to learn what an H-1B1 visa is and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you in obtaining one.

Who is eligible for an H-1B1 visa?

First of all, an H-1B1 visa is a nonimmigrant visa for citizens of either Chile or Singapore. According to the US-Chile Trade Agreement and the US-Singapore Trade Agreement, United States employers may hire citizens of these countries for “specialty occupations” and for a “specific period of time.” The number of visas that can be distributed in a given year are separated from the overall H-1B limit, and they are as follows:

  • Citizens of Chile: 1,400 visas in a given year.
  • Citizens of Singapore: 5,400 visas in a given year.

And as for “specialty occupations,” these are occupations that require theoretical and practical application of specialized knowledge. Eligible recipients must have a bachelor’s degree or an equivalent in the specific field. The fields that fall under this category are as follows:

  • Physical and social sciences.
  • Medicine.
  • Technology.
  • Engineering.
  • Mathematics.
  • Law.
  • Education.
  • Business (i.e., accounting, finance, marketing, etc).
  • Theology.
  • Arts.
  • Media.

And as for a “specific period of time,” eligible recipients will be admitted to the United States for a one-year period. This may be renewed indefinitely, so long as they can prove that they do not intend to remain or work permanently in the country.

How do I get an H-1B1 visa?

Fortunately, applying for an H-1B1 visa is relatively easy to do. This is because it generally does not require an applicant to file an I-129 petition, otherwise known as the Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). Instead, an applicant may apply for the visa directly at a United States consulate abroad without prior USCIS petition approval.

With that being said, you may have to take the following initiatives to get an H-1B1 visa:

  • Submit your DS-160 application, otherwise known as the Online Nonimmigrant Visa Application, with the United States consulate.
  • Pay the relevant visa fee.
  • Submit evidence that you qualify for a specialty application (i.e., degrees, work experience letters, etc).
  • Submit a certified Labor Condition Application (i.e., occupation classification, employer name and address, offered wages, etc).
  • Submit evidence of your employment (i.e., job offer letter).
  • Submit evidence that your stay will be temporary (i.e., the address of your residence abroad).

It is important that you have all this relevant documentation for your application. For assistance in gathering all this, you should reach out to a skilled work authorization permit lawyer in Milwaukee, WI today.

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