A talented, specialized workforce is a backbone of success for businesses across diverse industry sectors. Often, shifting needs and fluctuating demands merit tapping into the global workforce to hire specialized professionals on a temporary basis. The H-1B nonimmigrant visa allows U.S. businesses to hire and sponsor qualified foreign nationals to meet their businesses’ needs. Unlike many other types of nonimmigrant visas, the H-1B visa can also serve as a foothold for initiating the employment-based permanent residence process.
The Notoriously Intricate Requirements For H-1B Visa Applications
Preparing the petition for an H-1B visa requires a meticulous attention to detail. The prospective employer must submit documentary evidence (including a labor condition application through the U.S. Department of Labor) demonstrating that:
- The position is a specialty occupation requiring highly specialized knowledge
- The applicant possesses a bachelor’s degree or the equivalent of education, training and experience
- The applicant will receive either the actual or prevailing wage for the position
- The applicant’s employment will not adversely impact other workers who are similarly situated
- The applicant meets other grounds for general admissibility
Generally, an H-1B visa remains valid for three years and can be renewed for three more. Because these visas are employer-specific — meaning the employee must remain with the sponsoring employer to retain legal status — they provide a strong measure of reliability for employers seeking to reduce turnover.
Navigating The H-1B Visa Cap
Federal law limits the number of H-1B visas available each fiscal year, with limited exceptions. Far more applications than available visas flood the system every year. As a result, the visa cap is one of the most significant challenges for obtaining an H-1B visa. The timing of the application is critical for maximizing the odds of success.
Proven Strategies For Success
At Igbanugo Partners Int’l Law Firm, PLLC, our attorneys navigate H-1B specialty visa caps on behalf of employers from diverse industries nationwide. We understand the nuances involved in filing strong applications with strategic timing. Local businesses and multinational corporations alike turn to our firm for accurate, reliable guidance.
Our proven track record of results — and our high success rates for H-1B applications — reflect the outstanding determination and skill of our forward-thinking legal team.
We also handle other types of occupation-related visas (both immigrant and nonimmigrant) for businesses and individuals around the globe.
To learn more, contact us online or call 877-840-8008 to get in touch with our immigration lawyers in Minneapolis, Minnesota.