Miami H-1B Visa Lawyers – Immigrants with Specialty Occupations

The H-1B visa applies to foreign nationals employed in specialty occupations that involved theoretical and practical application of highly specialized knowledge. To obtain this visa the immigrant would need a bachelor’s degree or its equivalent in work experience. The job that the immigrant seeks the visa for must require a degree related to the immigrant’s particular field and the college degree that the immigrant earned must be a normal requirement for comparable jobs in the industry and with the prospective employer. Additionally, the prospective employer must provide wage information to the Department of Labor to show that this person will in fact be getting paid for their services.Prior to the immigrant filing for a H-1B visa an employer must file a labor condition application with the Department of Labor. The employer must post a notice of filing the application in two conspicuous locations at the employment site for a period of at least ten business days. Once this is completed the immigrant can file for a H-1B visa and if granted would be allowed to stay a maximum of six years in the United States. Under certain circumstances the visa can be extended for an extra year. These circumstances are that either a labor certification for the immigrant has been pending for over one year or an I-140 Alien Worker Petition has been approved.

There is a numerical cap on the number of H-1B visas that are provided each year. These visas usually are given out within the first few days of the filing period. If a person is not selected to receive a H-1B visa they must wait until the next filing period to attempt to receive the visa. However, there are certain professions that are exempt from the numerical cap. These professions include immigrants that work for universities or governmental nonprofit research organizations and their nonprofit affiliates. There is no limit on the number of renewals of H-1B visas given each year. There are also an additional number of H-1B visas available each year for those applicants who hold a Master’s Degree from a United States university. There is also a separate H-1B visa pool for applicants from Singapore and Chile.

Contact our Miami-Dade County Employment Based Visa Attorneys

Contact our Miami employment based visa attorneys at 305-222-7351, toll free at 1-844-VARI-LAW, or e-mail us to schedule an appointment to discuss your Dade County, Broward County, or Monroe County immigration questions and issues.

Our Miami Immigration lawyers accept immigration law cases in Miami-Dade County, Broward County and Monroe County.

Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, Galiano Street in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.