There are many different types of employment visas that are available to immigrants who intend to work in the United States. The H-1B visa is a specialty visa available to a very specific class of workers. Learn more about who qualifies for this visa and how a Denver H-1B visa lawyer can help you obtain it. The experienced immigration attorneys at Joseph & Hall, P.C., can also help you find other employment-based immigration options if the H-1B visa is not right for your particular circumstances.
An H-1B visa is a specialty employment visa available only to certain workers. In order to qualify for an H-1B visa, you either:
Not everyone who works in these fields will qualify for an H-1B visa. For example, the “specialty occupation” category is only open to those who have a bachelor’s degree at a minimum. The DOD category requires the applicant to obtain a letter from the DOD project coordinator verifying that the applicant will be working on a defense project under a reciprocal agreement between governments. And fashion models only qualify for H-1B visas if their work position requires a “fashion model of prominence.”
As you can see, some of the criteria for an H-1B visa are highly subjective. What is a “fashion model of prominence?” Citizenship and Immigration Services will look at factors such as the publicity a model has obtained, the value of the model’s services under prior contracts, and the publicity around the fashion event that requires the visa. But there is room to argue whether a particular model is “prominent.”
Similarly, there is room to argue whether an employee is engaged in a “specialty occupation” and whether his or her skills are so specialized as to require an employer to bring that particular employee into the United States. This ambiguity is why it is so important to consult with an H-1B visa lawyer prior to applying for the visa. An experienced immigration attorney will be able to determine whether you qualify for an H-1B visa (and, if not, what other immigration options are available to you). This can save precious time and significant money in the immigration process.
At Joseph & Hall, P.C., our experienced Denver H-1B visa lawyers know how to help you find the simplest and fastest route to lawful immigration status. We have helped many immigrants find the visa or green card status that is right for their unique situations, and we can help protect your legal right to lawful immigration status, as well. We will help you explore all employment immigration options to find the one that is right for you. Visit our website to schedule an appointment or to find the office location that is closest to you.
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