H1B Visa Lawyer Chicago, H1B Visa Attorney, H1B Immigration Lawyer
U.S. immigration law allows for 65,000 visas annually for professionals to work in the U.S. for qualified employers who have been approved by the labor certification process. This means that the employer must first have proven to the U.S. Department of Labor that the prospective H1B workers will not take a job that a U.S. worker would have taken on. These workers are approved to work in the country for three years, which term can be extended for an additional three years toward the end of the initial three-year term. Please note that due to the complicated nature of the H1B visa process, it is best to consult a competent H1B visa attorney.
The following requirements must be shown as fulfilled in order the applicant to be considered for an H1B visa:
- The job for which the applicant would be hired is a professional position, for which a college degree or higher is a prerequisite;
- The job for which the applicant would be hired is a specialty occupation, meaning that a set of specialized knowledge required by extensive instruction is required to perform the position, e.g., as in a lawyer or engineer;
- The job applicant visa beneficiary indeed has all of the characteristics of the employee needed to fill the job offered;
- The 65,000 visas available for the work year have not all been exhausted;
- A bona fide employer-employee relationship exists or will exist when the visa is approved. You may need the assistance of an H1B immigration lawyer to help provide proof.
Additional concerns need be considered before determining eligibility for an H1B visa, such as the requirement that the petition be filed by a “U.S. employer.” This means that the hiring entity need be an individual, firm, association, contractor or entity that is located in the U.S., has a U.S. tax identification number, and engages an employer-employee relationship with the H1B hire. Consult with an H1B visa lawyer to ensure that these requirements are met.
The last of these elements requires that the employee’s activities be directed by the U.S. employer. It is also important to note that there may exist unique requirements for a particular profession, e.g., for doctors petitioned on an H1B visa they may only be employed in a public or non-profit institution in an instructional or research capacity—a qualified H1B visa attorney will be able to assist you with these specialized requirements. Every employer who petitions workers via the H1B visa must show that it complies with four principal requirements of the labor certification process:
- It will not pay inferior, reduced wages than would be paid to a similar U.S. worker performing the same job; and it will pay the “prevailing wage” for that position, or higher, as determined by the Department of Labor;
- Working conditions will not be inferior to those similarly provided to U.S. employees in a similar work role;
- These workers will not play the role of “scabs” taking U.S. workers’ jobs who are on strike;
- Notice of intent to hire H1B workers has been provided by the employer to any union or similar employee representative body.
Consult an H1B Visa Attorney in Chicago
Without professional guidance from an H1B immigration lawyer, navigating the H1B visa process can be difficult and lengthy. For more information on how to obtain your H1 visa, contact the experts at Katz Law Office, Ltd. today for a free consultation. Katz Law Office boasts an expert team of H1B visa lawyers in Chicago and Mexico City.