Keshab Raj Seadie, P.C. has been known as one of the top U.S. law firms in Business Immigration Law. Each of our business immigration practice areas is highly regarded, and our U.S. Immigration Lawyers are recognized around the globe for their commitment to the representation of our clients’ interests. Throughout our history, we have played a central role in helping both small and midsize companies and individuals to manage their immigration risk and successfully navigate through the maze of U.S. immigration and labor laws. Our goal is to be the firm of choice for clients with respect to their most challenging visa issues, most significant immigration and department of labor audits, and most critical visa approvals, including H1B Visa and PERM Labor Certification in NYC.
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Applying for the H-1B Visa is a complex process that both employers and employees have to navigate with utmost care in order that the application is not rejected due to technicality or denied, which can be costly and time consuming. Applicants need to be mindful of certain pitfalls that are littered throughout the application process.Can I apply for an H-1B Visa and work in the United States? Do I have a right company and right job to qualify for the H-1B visa?
The H-1B Visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as Software Engineer, Civil Engineer, Hotel Manager, Market Research Analyst, Management Analyst, Accountant, Doctors and Scientist.
To qualify, the alien requires a bachelors or higher degree (or equivalent work experience) in the specific specialty for which employment authorization is being sought. It is the responsibility of the office of the USCIS to determine whether the employment constitutes a specialty occupation and whether the alien is qualified to perform the services.
The employment must be approved in advance by the USCIS in the United States on the basis of a Form I-129 petition, filed by the United States employer. Before filing the Form I-129 petition, with the USCIS Service Center having jurisdiction over the area where the employment will take place, the employer is required to file a labor condition application with the Department of Labor concerning the terms and conditions of the contract of employment.
There is an annual H-1B cap, which limits the number of new H-1B visas available to foreign workers looking to come into the U.S. Currently the H-1B cap count is set at 65,000 new visas per year. However, applicants need to be mindful that there are 6,800 visas that are set aside for Singapore and Chile Free Trade Agreement filings. Also, there are 20,000 additional visas set aside for individuals who have earned a Master’s or higher degrees from U.S. based higher education institutions. Therefore, there are only 58,200 new visa available each year plus 20,000 for those who have attained higher education in the U.S.