H-1B filing is only possible before the annual cap is reached. This visa category has an annual cap of 65,000 visas. Some workers are exempt from this cap, but you may find you only have a limited time to apply for an H-1B visa because of demand and the limited number of such visas available.
What Is H1-B?
If you wish to work in the United States in a specialty occupation or on a Department of Defense (DOD) cooperative research and development project, you may need to file an H-1B visa. This visa category also applies to some fashion models and workers who provide services of exceptional merit.
There are specific visa categories within the H1-B:
- H-1B Specialty Occupations: If you are filing as a specialty worker, your potential employer must also file Form I-129, Petition for a Nonimmigrant Worker, and Form ETA-9035, Labor Condition Application (LCA). To qualify for this visa category, you will need at least one college or university degree, and a job offer in a closely related field.
- H-1B2 DOD Researcher and Development Project Worker: You may qualify for this visa category if your work will involve a co-production or cooperative research and development project that will be administered by the DOD and will involve a government-to-government agreement.
- H-1B3 Fashion Model: You qualify for this visa category if your prospective employer files Form I-129, Petition for a Nonimmigrant Worker, and Form ETA-9035, Labor Condition Application (LCA). You must also be able to prove your fashion-modeling career shows distinguished ability.
To file, you must determine whether your employer must file Form I-129 and an LCA. If yes, your potential employer must first do so. Once Form I-129 has been approved, you can then visit a U.S. consulate or embassy in your home country to apply for an H-1B visa with the U.S. Department of State (DOS). Or you may be able to change your status without departing the U.S. You must also apply to U.S. Customs and Border Protection (CBP) to apply for admission into the U.S. if you leave to have the visa placed in your passport.
Why Hire a Lawyer for H1-B Filing?
Filing an H1-B visa petition package is challenging. You may need to coordinate your petition with the additional filings required of your prospective employer. You may need to prove why your career and job qualifies you for the visa, which may include significant paperwork. You may need to have credentials verified or documents translated.
It is very important to hire an attorney because of the highly technical nature of an H-1B petition, and the cap. placed on this visa. If you make errors in your petition, you may not get a chance to apply again until the next fiscal year. The quota opens up starting April 1 of each year and the process of application can be complex, so an attorney is be needed to help you navigate it. The petition costs over $1,000 and has many conditions imposed on the process. An attorney can help navigate the petition process and can give you the best chance of success.
Contact Shane & Shane, P.A.
If you are looking for a lawyer for an H1-B petition package filing, contact Shane & Shane. Our attorneys and support staff have extensive experience with H-1B and other visa categories. In addition, we are honest and approach all clients with integrity and professionalism.
Since the attorneys at Shane & Shane understand the H-1B process, they can explain the complexities in plain language, helping you understand requirements fully. Our team prides itself on keeping clients up-to-date about these cases and on offering outstanding immigration advice. We are accessible and answer your emails and calls quickly. We offer a personal service and an attorney-client direct approach, meaning you are not shuffled off to support staff or placed on hold for hours. You are never treated like a number.
Since all our attorneys take part in continuing legal education, we are aware as soon as H-1B changes and caps are announced, ensuring we can always provide you with the most relevant information for your situation. Our diligent and caring team understand that you want to work and live in the United States, and we work with you as you pursue your goals. Contact us today for a consultation to find out how we can help with your H-1B filing.