Obtain An H-1B Visa | Pathak & Feldman

Call Pathak and Feldman Immigration Law Firm today at 312-321-4773 to answer your questions and get help to obtain an H-1B Visa .

Who is Eligible for an H-1B Visa?

H-1B visas are granted for specialty occupation workers, and in some cases very specific specialties. The H-1B program is a lottery selection process opening at a designated time each year and dependent upon the number of visas established by the United States Congress available each fiscal year. To qualify for the broader category of specialty occupation and receive your H-1B visa, you must meet the following criteria:

Achievement of a bachelor’s degree or higher, or the U.S. equivalent of a foreign degree, is required
You seek to work in a position where attainment of a bachelor’s degree is common for the job title or the job duties are so complex or unique that individuals with degrees are best qualified for the proffered position
If you wish to accept a job offer in the U.S., you must have attained from an accredited college or university a U.S. bachelor’s degree or higher which is required to perform your specific specialty occupation, have achieved a foreign degree that is the equivalent to a U.S. bachelors degree or higher, have earned an unrestricted state license, registration or certification that authorizes you to perform your specialty occupation in the state you wish to be employed in, or you are recognized as an expert in your specialty and have education, training or experience that is an equivalent to the required degree.

Pathak and Feldman can help to obtain an H-1B Visa.

H-1B2 Visa Eligibility

H-1B2 visas, that are specifically for Department of Defense research and development project workers. To obtain the H-1B2 visa, you must meet the following criteria:

The project is under a government-to-government agreement administered by the U.S. Department of Defense
A bachelor’s degree or higher or an equivalent to a degree is required in order to qualify for the role
The U.S. bachelor’s degree or higher attained must be from an accredited college or university and be required to perform your specific specialty occupation, have attained a foreign degree that is the equivalent to a U.S. bachelors degree or higher, have attained an unrestricted state license, registration or certification that authorizes you to perform your specialty occupation in the state you wish to be employed in, or you are recognized as an expert in your specialty and have education, training or experience that is an equivalent to degree attainment

Eligibility for H-1B3 Visas

Fashion models of prominence are eligible for H-1B3 visas. To meet the H-1B3 visa eligibility requirement, you must be a fashion model of “distinguished merit and ability”

What Is Required from Employers in Applications for H-1B and H-1B3 Visas?

For H-1B and H-1B3 visas, prospective employers must file forms on their prospective employees behalf

For H-1B visas, prospective employers must file a certified Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker

For H-1B3 visas, prospective employers must also file a certified LCA, with Form I-129.

For both H-1B and H-1B3 visas, prospective employers must first submit LCAs to the Department of Labor for certification. Upon receiving certification of the LCA, your prospective employer must then file Form I-129 Petition for a Nonimmigrant Worker to the appropriate USCIS Service Center. The form should be accompanied with the LCA certified by the Department of Labor.

Employers must agree to the following:

Payment of wages that is no less than wages paid to similarly qualified workers or that is the wage paid within the geographic area in which you will be employed
Working conditions that will not have an adverse effect on other workers. There must be no strike or lockout at the employer’s business site
Notice of filing the LCA with the DOL, has been shared with the union bargaining representative or has been made visible at the business site

What Must You Do to Obtain Your H-1B Visa?

Upon approval of your I-129 petition, you must apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate for your H-1B visa and then you must apply to U.S. Customs and Border Protection (CBP) for admission to classification in the U.S. as H-1B.

Upon petition approval, you must correctly and completely fill out is Form DS-160, which includes a photo of you.

At the interview that you scheduled at the U.S. embassy or consulate, you will need to present the following:

Your original USCIS Approval Notice with petition receipt number on the Petition for Nonimmigrant Worker (Form I-129) called a Notice of Action or Form I-797
Have the original Petitioner employer letter and the entire H-1B package, including the certified LCA, I-129 and H supplemental forms, available in the event the interviewing officer presents specific questions during the interview
A valid passport for travel to the U.S. that is valid for at least six months beyond your intended period of employment in the U.S.
Your Nonimmigrant Visa Application Form DS-160 confirmation barcode page
Application fee payment receipt to prove visa fee payment before your interview or fee payment at the interview

Can Your Spouse and Children Accompany You in the U.S. During Your Employment?

Yes. The dependent spouse and children are eligible to apply for H-4 visas based upon their relationship to the H-1B approved beneficiary.

Where to Begin?

As you undertake the tedious and complicated process of obtaining your H-1B1, H-1B2 or H-1B3 visas, it can be tremendously helpful to receive specialized guidance and assistance. Based in the Southern California area since 2009, Pathak & Feldman expanded to serve the Midwest region, with Chicago, Columbus and Indianapolis locations. Contact Pathak and Feldman Immigration Law Firm today on how to obtain an H-1B Visa.

Call us at 312-321-4773 today to schedule a consultation!