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How to File an H-1B Visa Petition


Every year, U.S. based companies hire thousands of international workers with the hopes of filling positions that require specialized skills and higher education. For example, if a tech company is looking for a highly skilled programmer for a new project, they might be unable to fill the position with a qualified American worker. In these instances, the corporation will turn to an international tech company or a university where they can recruit eligible students to fill the job.

The H-1B visa is a nonimmigrant visa. It lets companies based in the United States employ graduate-level workers. These are generally fields that require technical or theoretical expertise, such as technology, engineering, mathematics, science, and medicine.

Who is Eligible for an H-1B Visa?

The H-1B visa is specifically for unique occupations. A bachelor’s degree in a specialty degree field or its international equivalent is the minimum requirement to be eligible for this kind of work visa. The employer must require a degree, and the position must have a high-level complexity that requires a bachelor’s degree or higher education.

The applicant can also hold a certification, registration, or an unrestricted state license that provides official authorization to practice the specialty occupation. They must possess expertise in the specialty occupation and have prior training, education, or experience to qualify.

Employers Must File a Petition with the USCIS

Employers must file a petition with U.S. Citizenship and Immigration Services (USCIS) to legally hire a nonimmigrant as a temporary worker. Once Form 129: Petition for a Nonimmigrant Worker is filed, USCIS will need to verify that the petition was received.

They will notify the employer if the petition is rejected or incomplete. They may also ask for more information, dismiss the request, approve, or deny the petition.

What is the Visa Lottery?

The visa lottery is also known as the green card lottery. It is a U.S. government lottery program where applicants get the chance to receive a permanent U.S. resident card.

Applicants apply and are selected randomly through a computer. Winning applicants go through an interview process, and the people who pass the interview are given immigrant visas. Once they enter the United States, they will be given their green cards.

Contact Our Orange County Immigration Attorneys!

It is best to have an immigration attorney to help you fill out your H-1B visa application. The process can be confusing and difficult, so having an immigration lawyer who specializes in immigration law will help reduce the chances of getting your visa denied. Our team of experienced attorneys can help you simplify the process and put your mind at ease.

Learn more about getting assistance in applying for an H-1B visa by calling our offices at (949) 478-4963 today.


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