H-1B Work Visa Lawyer in Orlando – RPatel Law

What is the H-1B Visa?

The H-1B Employment Visa applies to temporary nonimmigrant workers who wish to perform services:

What qualifies as a “specialty occupation”?

To be considered a specialty occupation, a job must meet one of the following criteria:

Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position;
The degree requirement for the job is common to the industry, or the job is so complex or unique that it can be performed only by an individual with a degree;
The employer normally requires a degree or its equivalent for the position; or
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Who qualifies for the H-1B Visa?

In order to qualify to accept a job offer in a specialty occupation, the individual must meet one of the following criteria:

Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
Hold a foreign degree that is equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
Progressively responsible experience in the specialty that is equivalent to the completion of such a degree and recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

How do you apply for the H-1B Visa?

The H-1B Visa application includes action from both parties – the employer and prospective employee.

Firstly, the employer must submit a Labor Condition Application to the Department of Labor.

However, this step is only required for a specialty occupation or a fashion model petition.

Secondly, the employer must submit a completed I-129 petition to the United States Citizen and Immigration Services. The form consists of:

Once the I-129 is approved, the prospective employee may apply with the U.S. Department of State at a U.S. embassy or consulate for an H-1B Visa if a visa is required. They must apply to the U.S. Customs and Border Protection for admission into the U.S. under the correct classification.

The employer must receive an approval notice of the I-129 before the prospective employee can take these steps.

What is the H-1B Cap?

Within the H-1B program, applications are subjected to a Fiscal Year general cap and a Master’s Exemption cap of only 20,000 applications. The congressionally mandated general cap is 65,000 applications. Applications for the next fiscal year are accepted starting in April of the prior year. However, due to the caps and the high volume of applications in such a short period, this filing period only lasts about a week or less, and it essentially becomes a “lottery.” USCIS will use a computer-generated random selection process to determine which 65,000 applications will be chosen for consideration and subjected to the general cap and which 20,000 will be chosen for consideration and subjected to the Master’s Exemption cap.

How long is the period of stay in the United States with an H-1B Visa?

As an H-1B nonimmigrant, the individual may be admitted for a period of up to three years. The period may be extended but generally cannot go beyond a total of six years. However, some exceptions do apply.

How do I apply for an H1B extension or renewal?

The maximum time H-1B visa status can be extended is three years. Therefore, a foreign national can generally only remain in the U.S. on an H-1B visa for a maximum of six years. To be exempt from this time cap:

The foreign national must be the beneficiary of an approved I-140 petition;
The foreign national must be the beneficiary of a PERM petition or I-140 petition that was filed over 365 days ago; or
The foreign national must be recapturing time spent outside the U.S. during the past six years in H-1B status.

To apply for an H1B Visa extension or a renewal, the employer must provide the following:

Copy of Letter of Employment
Detailed Job Description;
Company Brochure and/or any marketing material
Copy of most recent Financial Statement, Annual Report, or Business Plan, if available; and
Copy of Articles of Incorporation, if available.

And the employee must provide

Employment Visa Immigration Types

Employment Visa EB2-NIW

Employment Visa EB2 status is given if they are members of professions holding advanced degrees or if they are individuals of exceptional ability in the arts, sciences, or business. EB-2 applicants obtain an approved labor certification from the U.S.

Business / Employment Visa H1-B

H-1B visas for individuals in a specialty occupation, which requires highly specialized skills and knowledge and higher education completion. This classification also includes fashion models and government research and development employment.

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Why Choose RPatel Law?

Experienced Attorneys

With years of experience across various legal fields, our attorneys are well-equipped to handle complex cases and deliver positive results.

Client-Centered Approach

We listen to our clients, understand their needs, and offer customized solutions for every situation.

Proven Success

Our history of successful cases demonstrates our dedication to securing favorable outcomes for our clients.

Transparent Communication

We believe in clear, honest, and consistent communication to ensure our clients are always informed and confident in their legal journey.

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Immigration Types

Family Immigration

When building a new life in the USA, it is crucial that your loved ones can join you. At R Patel Law, our legal team assists immigrants with family-based immigration for a fiancé(e), spouse, children, parents, and other relatives.

Business Visa

R Patel Law Firm’s Florida Business/ Employment Immigration Attorneys can help you apply for certain visas designed for foreign nationals to live and work in the United States.

Investor Visa

At R Patel Law, we understand the unique challenges investors and entrepreneurs face regarding immigration. Our team is here to help you navigate the complex immigration process and achieve your goals.

Removal Defense

Under U.S. law, Asylum may be granted to foreigners who can establish a well-founded fear of persecution if they were returned to their home countries based on particular social group.

Immigration Citizenship

Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).

Change of Status

Foreign nationals with a non-immigrant visa may have the opportunity to change their status to another category while in the United States. Known as a Adjustment/Change of Status.

Work Permits

All U.S. employers are required to make sure that their employees are legally allowed to work in the United States, regardless of their immigration or citizenship status.

Immigration Court Cases

Receiving a summons to appear before a judge in immigration court can be intimidating. You may be worried about what to expect and what steps you should take to protect and your family.

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