H1-B Visa Attorneys in St. Charles, Missouri
Why do I need an H1-B Visa Attorney in Missouri?
What is an Immigration Attorney’s Role in the H1-B Process?
An immigration attorney who is familiar with the H1-B application process has no trouble saving you time and energy while ensuring that your application is successful. When you contact an attorney to help you with this, they will go over the entire procedure and schedule with you and your employer so that you are well prepared.Moreover, the immigration attorney will be accountable for managing the initial H1-B registration, getting updates about lottery results, acquiring the latest and prevailing salary for your job role, filing the petition with the United States Citizenship and Immigration Services (USCIS) along with all supporting evidence, and responding to any USCIS requests for evidence.Our attorneys at Gateway Immigration Law Firm have years of expertise assisting clients in overcoming various legal obstacles. We can assist you in making the best potential case for USCIS, increasing your chances of success. You can manage this process with ease and confidence if you have our attorney on your side.What is an H1-B Visa?
What are the requirements for an H1-B visa?
This visa category is for foreign nationals who want to work in a “specialty occupation.” The following are the requirements for an H1-B visa:
- A diploma equal to a bachelor’s degree in the same field as the job you’re applying for in an American corporation, or its equivalent. If the diploma was not earned at an American university, proof showing it is equivalent to an American degree is required.
- If you have less than four years of education in a specialty, you must show documentation proving that you have work experience in that field (One year of study is equal to three years of job experience).
- A copy of your and the company’s employment contract. If there’s no formal written contract, you might utilize a document that spells out the planned working circumstances.
- No later than 6 months before the commencement of work, the employer must submit a declaration of working conditions to the US Department of Labor for approval.
H1-B Visa's Advantages
The H1-B visa comes with numerous advantages.
- Labor certification is not required for the H1-B application.
- Processing can be completed in as early as 15 days.
- Assuming the employer is willing to fund you, you may be able to switch to a green card (EB-2 / EB-3) status.
- The applicant is not needed to make any financial investment.
- H-4 visas will be issued to your family, allowing them to reside or study in the U.S.
How to obtain an H1-B visa?
When an employee is currently in the United States in other immigration status or in H1-B status working under a different employer, the H1-B visa process has three parts. If the potential employee is outside the United States or after the H1-B petition is approved, the applicant must apply for an H1-B visa at a U.S. consulate abroad.
- The first step is to figure out what the average salary is. One of two methods can be used to make this determination. A Prevailing Wage Determination request to the Department of Labor (DOL) is one technique to determine the prevailing wage. Such a request outlines the job responsibilities of the potential employee as well as the employer’s minimal qualifications (education, experience, etc.) for the job. The Department of Labor subsequently issues a Determination, which specifies the wage that the employer must pay the employee.
Reviewing wage data supplied by the DOL is another technique to ascertain the prevailing wage. This wage data is available on the internet. If the job duties and requirements are simple, the employer may analyze this information and determine the prevailing rate on their own. It is not necessary to file an application for Prevailing Wage Determination to DOL if the employer can determine the prevailing wage for the position.
- The Labor Condition Application (LCA) must be submitted in the second phase. The LCA is conducted online and sent to the Department of Labor electronically. The LCA is a brief application that asks for information about the company, the current wage, as well as the job description. By completing and submitting the LCA, the employer guarantees to pay the prevailing wage, not to dismiss an American employee in order to recruit the foreign worker, and not to employ the foreign worker under conditions that are worse than those that apply to the firm’s U.S. employees.
Following the submission of the LCA, the employer must publish a notice informing its employees of the filing. The notice should be posted for 10 business days at the place of work. This notice informs other employees that the company is applying for a visa for a foreign worker and permits employees (and anyone else with negative information) to notify DOL if the employer is breaking the LCA’s attestations.
DOL will evaluate and certify your application after it is filed electronically. This is usually accomplished in seven days.
- The employee’s third step would be to file an I-129 petition for an H1-B visa. The I-129 petition for H1-B visa is filed with USCIS when the LCA is certified.
The I-129 petition must include evidence that: a.) the petitioning employer is a reputable business with a legitimate job opening; b.) the job is a “specialty occupation,” meaning it demands a bachelor’s degree or higher in a specific field; c.) the person has that degree and is otherwise suited for the job; and d.) the applicant is currently in valid immigration status (if in the U.S.).
Extensions
Employees with authorized H1-B visa status must extend their status before their existing status expires in order to keep their legal status and continue to work without interruptions. Employees who need to extend their H1-B visa status should start the process as soon as possible.
The International Services office and/or the immigration lawyer approach such people six months before their current expiration date to remind them of this obligation. Although an employee with a pending H1-B visa extension is permitted to work beyond the current expiration date, he or she will not be able to travel outside of the United States and get a visa for re-entry until the H1-B Approval Notice is obtained.
Changes in Employment
Employees on H1-B visas who change jobs frequently might have to file an updated H1-B visa application with USCIS. Any of the following could be significant changes:
- advancement to a new position
- a job title change
- major shift in employment responsibilities
- a change in job categorization (for example, from staff to faculty)
- work hours may be reduced or increased.
The department should contact the International Services division to determine the requisite paperwork and forms. The individual cannot start the new job until the International Services office verifies that a revised H1-B visa application has been submitted to USCIS.
Termination
Employees with H1-B visas must be mindful that their ability to maintain valid H1-B visa status in the United States is dependent on their employment.
Typically, an H1-B visa does not include a “grace period” upon the termination of employment. Even if the petition was authorized for a longer duration, valid H1-B visa status ceases with termination of work. On or even before the last day of employment, H1-B workers must complete one of the following three tasks:
- submit an application for an H-1B visa extension
- submit an application for a status change to a different category
- leave the United States
H1-B Visa Application Processing Times
Your prospective employer starts the H1-B work visa application procedure (he will be filing the petition). First and foremost, the business must apply for an H1-B petition through a lottery system. This lottery takes place every year in March. A declaration of working conditions must also be submitted to the U.S. Department of Labor.
The employer then gathers a package of required documentation and sends it to the USCIS for review, assuming the application won the lottery.
The Immigration Service reviews the petition within 4-6 months. To acquire a visa, you must first pass an interview at the American consulate (approximately in October).
Duration of Stay
H-1B petition is typically authorized for a three-year period. It could be extended for another three years. Furthermore, the employee may be qualified for additional extensions beyond the standard six-year limit in specific circumstances.
Call our H1-B Visa Attorneys Now!
The application procedure is divided into many steps. Contact our trusted E-1 visa attorney for detailed guidance to guarantee you don’t miss anything.
- Step 1. Print the confirmation page after completing Form DS-160 online. You must provide a photo of yourself in a particular format described on the website during the online application.
- Step 2. You are not required to attend an interview within a specified age range, but the consulate may request one regardless of your age. As a result, you should double-check the prerequisites before applying.
- Step 3. Gather all of the paperwork, forms, and applications you’ll need for the interview. You may also be required to pay some fees.
- Step 4. A consular official will assess if you are eligible for an E-1 visa during your interview. Your fingerprints will be taken as well. Your application may need extra processing after the interview to establish eligibility.
- Step 5. Wait for approval. You may be required to pay additional costs if the consulate approves your application. When your visa is ready for pick-up or delivery, they will inform you.
