Who Is Eligible for an H-1B Visa?

working in office

If you wish to work in the United States, you may be able to do so with one of the several employment visas at your disposal. This is especially the case if you are eligible for an H-1B visa. Continue reading to learn the eligibility factors for an H-1B visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can help you through this application process.

What are the eligibility factors for an H-1B visa?

First of all, an H-1B visa is a non-immigrant work visa designated for foreign workers searching for temporary, specialty jobs in the United States that generally require a bachelor’s degree or an equivalent education level as a minimum. Such specialty jobs are defined as “requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor.” They may include fields such as information technology, finance, engineering, and architecture, and examples of such are as follows:

  • Accountants and auditors.
  • Biologists.
  • Civil engineers.
  • Economists.
  • Physicians and surgeons.
  • Teachers.
  • Therapists.

And in order for a United States employer to be eligible to sponsor an employee on an H-1B visa, they must confirm that they are offering a role that requires specialized knowledge and that the applicant meets the education requirements for this offered role. Once accepted, a United States employer may have to withhold Social Security and Medicare taxes from the H-1B visa holder’s wages.

In addition, an H-1B visa holder must maintain their employment by this United States employer. Otherwise, they may lose their status and have to leave the country.

What is the application process for this visa?

Importantly, a United States employer must initiate the application process for an H-1B visa candidate. So once you confirm that a candidate meets the eligibility requirements, you must follow the below sequence of events:

  1. You will prepare a Labor Condition Application (LCA) for certification to file with the United States Department of Labor (DOL).
  2. You will prepare Form I-129, otherwise known as the Petition for a Nonimmigrant Worker, to file with the United States Citizenship and Immigration Services (USCIS).
  3. You will submit the forms and supporting documents related to your job opening, your company, and the non-immigrant candidate.
  4. You will wait for the final review from USCIS.

The processing time will depend on the efficiency of the DOL and the USCIS. But on average, it will take six to seven months. And if your application gets approved, your employee will earn a duration of stay for three years, which can be extended to up to six years.

For more information on this particular visa, reach out to a skilled work authorization permit lawyer today.

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