H-1B Visa Attorneys in San Jose

Verma Law Firm Has the Experience You Need

The most popular of the H-Visa category is the H-1B visa. The H-1B visa is a non-immigrant visa that permits U.S. employers to employ foreign nationals in specialty occupations for a temporary period. A person may hold H-1B status for a maximum of six years, and may be eligible for extensions beyond the six-year limit under certain circumstances. At Verma Law Firm, our H-1B lawyer in San Jose, CA will help you through your immigration matters.

What are the different types of H visas?

1. H-1B (specialty occupation)
2. H-1B1 (specialty occupations from Singapore and Chile)
3. H-1C (Professional Nurses Working in Health Professional Shortage Areas [HPSAs])
4. H-2A (temporary agricultural workers)
5. H-2B (skilled/unskilled workers where US Citizens and Permanent Residents are not available)
6. H-3 (trainees)
7. H-4 (accompanying family members of H visa holders)

What are the benefits of an H-1B Visa?

One of the most desirable features of an H-1B visa is its recognition of “dual intent”, meaning that an H-1B worker can apply for a Green Card and become a permanent resident, without having his or her H-1B visa denied or revoked. H-1B visas are advantageous to foreign nationals seeking specialized employment in the U.S. H-1B visas are numerically limited for each fiscal year. This limitation is set by Congress and commonly referred to as the H-1B Cap. For example, the statutory cap for fiscal year 2016 is 65,000 and 20,000 for aliens who obtained a U.S. master’s degree or higher.

Generally speaking, alien workers cannot petition for H-1B status for themselves. The sponsoring U.S. employer must file the H-1B petition for the foreign worker. Therefore, the U.S. employer is usually referred to as the petitioner while the foreign worker is referred to as the beneficiary. To qualify for an H-1B visa, the sponsoring employer and potential employee must meet specific requirements set forth by USCIS and Department of Labor. These requirements include:

1. The employee must be employed in a specialty occupation, meaning that the employee must have earned a U.S. Bachelor’s or higher degree or equivalent (the minimum requirement for entry into an H-1B occupation is a four (4) year U.S. Bachelor’s degree or equivalent in a specific field);
2. There must be an employer and employee relationship between the sponsoring U.S. employer and the foreign worker; and
3. A Labor Condition Application certified by the Department of Labor must be submitted with the H-1B petition.

The spouse and minor children of an H-1B employee can stay in the U.S. on H-4 status. In general, they can study but are not permitted to work.

However, under new regulations that went into effect on May 26, 2015, certain spouses on H-4 status are now eligible to apply for employment authorization in the U.S. Those eligible to apply for employment authorization are H-4 dependent spouses of H-1B visa holders who:

• Have an approved Form I-140; or
• Have been granted an extension of stay beyond the six-year H-1B visa limit under AC21 (American Competitiveness in the Twenty-First Century Act of 2000) based on a pending PERM Labor Certification application or a Form I-140 application that has been pending adjudication for more than 365 days.

Choosing Our H-1B Lawyer in San Jose, CA

Our firm has a team of experienced immigration attorneys and staff members who can help you navigate the complex U.S. immigration laws. Verma Law Firm will ensure that your H-1B petition process goes smoothly and will maximize the chance of your H-1B approval. Please contact us for more information or schedule a legal consultation.

H-1B Visa Related Issues:

• Public Access File
• H-1B Cap-Gap
• Offsite H-1B Employees
• H-1B Visa for Physical Therapist
• USCIS Guidance on Adjudication of H-1B Petitions Filed on Behalf of Nurses
• Filing Amended H-1B Petition When Worksite Changes
• Splitting H-1B Filing Fees and Legal Fees with Employees
• Recapture of Unused H-1B Time
• H-1B Extension beyond Six Years and AC21
• H-1B Portability and AC21
• H-1B Layoffs
• Spouses of H-1B Nonimmigrant Workers May Be Able to Work in the U.S.
• USCIS Released Proposed Rule on Employment Authorization for Certain H-4 Spouses
• Visa Alternatives to H-1B
• Temporary Transfers and Short-Term Placementin regard to H-1B Workers
• H-1B Cases: RFE Trends
• Employer Held Personally Liable for Back Wages and Expenses of Obtaining H-1B and J-1 Waivers

USCIS Memoranda:

• INS Directive on H-1B Travel and AC-21. Michael A. Pearson Memo dated Jan. 29, 2001
• USCIS Letter Addresses Travel After Change of Status
• DOL Finds Filing & Attorney Fees must be paid by Employer
• Amended H-1B not required if LCA certified prior to move
• USCIS Memo re Mexican TN visas & Singapore/Chile free trade H-1B and E visas
• List of Customs & Border Protection Bureau (CBP) deferred inspection offices for correction of erroneous Form I-94s
• Changes to the NSEERS Program, DHS Issues a Fact Sheet, FAQs and Press Release.
• Department of State (DOS) to end revalidation of visas in the US
• Electronic I-9 Signature and Storage Bill signed into Law
• USCIS Memo re H-1B & L-1 Visa holders being allowed to recapture all the days spent outside the US.
• USCIS Memo dated 12/05/2006 on periods of H & L admissions.
• USCIS Memo (09/23/2005) re Interim Guidance Regarding the Impact of the Department of Labor's (DOL) PERM Rule on Determining Labor Certification Validity, Priority Dates for Employment-Based Form I-140 Petitions, Duplicate Labor Certification Requests and Requests for Extension of H-1B Status Beyond the 6th Year.
• USCIS Memo regarding AC 21 issues.
• USCIS Memo rescinds Memo on denials without RFE and new instructions on RFEs.
• USCIS announces Direct Filing Instructions for Form I-129F, I-131, I-140, I-360, I-485, I-765 and I-907.
• USCIS Memo (06/18/2001) Travel After Filing a Request for a Change of Nonimmigrant Status
• Update Regarding New PIMS System