There are many ways a person can obtain permission to lawfully work here in the U.S. H-1B visas are an important employment immigration tool. These visas allow the holder to lawfully live and work in the U.S., but they are only available to a narrow category of workers. If you do not meet strict definitions that apply to limited types of employment, your application for an H-1B visa will be denied. It is important to be sure you apply for the right type of employment visa in order to avoid costly delays in the immigration process. The Salida H-1B visa attorneys at Joseph & Hall are here to answer all your questions about employment immigration.
In order to be eligible for an H-1B visa, you must be able to prove that you:
None of these categories is particularly easy to apply for. Specialty occupations are those that require education, specialized training, and “progressively responsible” experience. DOD researchers must obtain a letter from the DOD confirming that they are participating in a reciprocal agreement between governments. And fashion models must establish that they have “distinguished merit and ability.” This means that not every foreign worker who is employed in these fields will qualify for an H-1B visa.
It is also important to understand your employer’s legal obligations in sponsoring your employment visa. Some employers (especially small companies with limited resources) will be unable or unwilling to participate in the immigration process. If you are applying for an H-1B visa as a DOD researcher, the DOD will file the appropriate paperwork with the immigration authorities in order to confirm that the Department is sponsoring your visa.
If you are applying for an H-1B visa in a specialty occupation or as a fashion model, your employer must obtain a certification of a Labor Condition Application (LCA) from the U.S. Department of Labor. This and other documents must be filed with the appropriate immigration authorities to confirm that the employer is eligible to act as a sponsor and that your visa application has been sponsored by an eligible employer.
The experienced Salida H-1B visa lawyers at Joseph & Hall have years of experience handling all types of employment visa cases. We know how to find the right visa for your unique situation and avoid preventable delays in the immigration process. Visit our website to schedule a consultation or to find the office closest to you. We have three convenient locations to help clients in Denver, Colorado Springs, and Frisco. We also serve Salida and surrounding areas. Don’t delay – the sooner you have an experienced immigration lawyer on your side, the more efficient and successful your visa application process will be.
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