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H-1B Visas: Everything You Need to Know

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H-1B Visas: Everything You Need to Know

H-1B visas allow immigrants and their families to seek employment in the United States. Thousands of foreign workers with specialized knowledge and education can obtain great employment opportunities while bringing their families with them. If you're interested in getting an H-1B visa, our Orange County immigration attorneys have put together everything you need to know about H-1B visas.

What Is an H-1B Visa?

H-1B visas provide foreign workers with authorization to fill work positions in the United States. The worker must possess at least a bachelor's or master's degree. They must also meet the desired job requirements of an employer. The employer must prove that the foreign worker provides a value that wasn't attainable with other hires.

Job industries that commonly make use of workers under the H-1B visa program include science, architecture, medicine, and engineering. The applicant of an H-1B visa must be sponsored by an employer who has an available job for the applicant. The employer is responsible for submitting the documents necessary to complete the visa application process for them. The employer is typically responsible for paying all fees associated with the visa.

How to File for an H-1B Visa

The first step in the H-1B visa process is to meet all the requirements. These requirements include:

  • Applicants should possess a bachelor's degree or master's degree. Applicants can also demonstrate they possess the corresponding degree in their country.

  • The degree held by the applicant must be a standard requirement for the job.

  • The employer must need a professional worker who has a unique skill.

  • Applicants must possess a measurable depth of knowledge in the job field.

  • The employer must prove that they have been unable to fill the needed position with domestic workers.

Those interested in obtaining an H-1B visa need to complete the following steps:

  1. Find a sponsor: The H-1B visa is granted only for work considerations, and an employer in the United States must sponsor the applicant. Applicants will need to secure employment with an employer who is willing to sponsor them before the process can move further.

  2. Labor Conditions Approval: Your employer will be required to file a Labor Conditions Approval (LCA) with the Labor Department through the iCERT Portal System. The employer will have to supply information, like the location of the job, rate of pay, and any specialized knowledge and skills you possess.

  3. Form I-29: This form is the official petition for a nonimmigrant worker. The employer will need to include an evaluation of your previous education and experience. For example, they will need to gather training certificates, professional memberships, and other items that reinforce the assertion that you possess expert knowledge in your field.

  4. Application Completion: The last step in the process is for the applicant to complete application materials at a local U.S. embassy or consulate.

The H-1B Lottery

The United States Citizenship and Immigration Services (USCIS) has developed a random selection process for approved H-1B applicants. They use a computer program to complete the selection process. This process was put into place to address the high number of applicants they receive for work visas every year. The random selection process goes into effect anytime the number of applicants exceeds the available quotas.

Potential Denial Reasons

H-1B visa applicants can get denied for various reasons; some of the most common are:

  • The employer doesn't meet visa requirements.

  • The applicant doesn't have specialized knowledge or skills for the job.

  • There is no established relationship between the employer and the employee.

What You Can Do If Your H-1B Visa Application is Denied

There are several options available to you in the event that your H-1B application is denied. Some of the things you can do include:

  • Your employer can file another I-129. The second form should directly address the reason your application was denied in the first place. It is a good idea to reach out to an immigration attorney for this step in the process.

  • You might be allowed to fix your problem and refile your application if your denial was due to a problem with payment or documentation.

  • You might need to seek another employer if the first one is not interested in refiling your application.

A direct appeal of an H-1B visa application is not permissible, but there is a chance you can file a motion to request your application be reconsidered or have your case reopened. A case can be reopened when new evidence is likely to change the decision of the case evaluator.

Inadmissible Applicants

While most applicants have no cause for concern regarding an inadmissible classification to the United States, it is important to note that it is possible. Common causes of inadmissible applicants include the following:

  • Suspicion of sabotage or espionage

  • Committed crimes as a Nazi

  • Demonstrates the intention to remain permanently in the United States

  • Committing fraud during the application process

  • Overstayed a previous visa

  • A carrier of communicable diseases

  • History of mental illness

  • History of substance abuse

Call Our Orange County Immigration Attorney!

The visa process for H-1B applicants is complicated and filled with potential pitfalls. Employers and applicants should not attempt to handle these complicated matters on their own. The services of a knowledgeable and dedicated immigration attorney will reduce the complications involved with the H-1B application and help ensure a smooth process.

Our Orange County immigration attorneys are highly skilled and experienced in H-1B visa cases. Get the guidance you need by having our knowledgeable attorneys on your side. We are dedicated to helping families throughout Orange County and surrounding areas.


Give our Orange County immigration lawyers a call today at (949) 478-4963 to schedule a consultation!


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