Denver H1B Visa Attorney

American companies and business owners are allowed under U.S immigration law to hire foreign workers and employees if they are unable to find qualified and ready-to-work employees in the United States. At Joseph & Hall, P.C., we have experienced immigration lawyers who help clients in the Denver metro area effectively and successfully navigate the complex immigration system when trying to secure employment-based immigration visas.

Eligibility for H1B Temporary Non-Immigrant Visa

The H1B visa is a temporary non-immigrant visa for foreign nationals who wish to come and work in the United States in what is known as a “specialty occupation.” Foreign nationals already in the country with another valid immigration status can also have their visa changed to H1B, provided they meet the qualifications, which are as follows:

• Being in possession of a U.S. bachelor’s degree or higher from an accredited college or university
• Being in possession of a degree from a foreign country that is the equivalent to a U.S. bachelor’s or higher degree from an accredited college or university
• Being in possession of an unrestricted state license, registration, or certification that authorizes the holder to fully practice in the position that qualifies as a specialty occupation and ready to immediately start working in the specialty in the state where the employment is to be performed.

To qualify as a specialty occupation, the occupation must require:

• Holding a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum requirement for entry into working in the occupation in the United States.

• Having a theoretical and practical application of highly specialized knowledge; and

The position offered must also meet one of the following eligibility criteria to qualify as a specialty occupation:

• Possession of a bachelor’s or higher degree or its equivalent is not unique to this position but is normally the required minimum entry to be hired in the specific position offered to the foreign national.
• The degree requirement is not peculiar to the sponsoring employer but is common in the industry for similar positions between and among similar organizations or, alternatively, the job is so complex or unique that it can only be performed by an individual with a bachelor’s degree.
• The nature of the specific duties associated with the offered position is so specialized and complex that the knowledge required to perform the duties and responsibilities for the offered position is usually linked to one hired for the position having attained a bachelor’s or higher degree.

Once these requirements are met, then the first thing that happens is the American employer files a petition to approve the employment. The foreign worker needs to apply for the H1B visa at a U.S. consulate in their native country. 

Learn More from a Denver H1B Visa Attorney

If you need an H1B visa for a foreign worker in the Denver area or are a prospective employee with an American employer willing to sponsor you, we can help you navigate the immigration system and obtain the visa you need. Contact us today and make an appointment for an initial consultation.