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H-1B Visa

Foreign nationals interested in pursuing temporary work in a specialty occupation in the U.S. may apply for an H-1B visa.  The H-1B visa is quite popular as it is a logical first step toward permanent immigration in the U.S.

To qualify for H-1B classification, the foreign national must possess a bachelor’s degree from a U.S. university or an equivalent and be sponsored by a U.S. employer.  The job must qualify as a specialty occupation, such as an accountant, architect, engineer, etc.

Spouses and unmarried children under age 21 are allowed to accompany (or join at a later time) the H-1B worker, in H-4 dependents status. However, they cannot work unless they independently qualify for a work visa. Spouses and children are permitted to attend school while in H-4 status.

The laws regarding the H-1B visas change rapidly from year to year.  H-1B visa quotas can also be reached early in the government’s fiscal year.  Over the years, USCIS has given particular scrutiny to H-1B petitions to ensure that H-1B employers and H-1B workers are complying with regulations.  To assess your qualifications for an H-1B visa or to stay up to date on quotas, and or to avoid the pitfalls of H-1B petition errors, please contact our office.  We provide up to date developments on changes in federal regulations affecting the H-1B visa category.

   
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