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H1- B Visa​ Attorney

H-1B Visas for Working Professionals


The H-1B visa allows non-U.S. workers to temporarily work in the U.S. in a specialty occupation. A specialty occupation is generally regarded as requiring a higher degree or equivalent work experience due to the specialized or complex knowledge required to perform the position. The degree should also be relevant to the type of job position sought.

Eligibility Requirements

To apply for the H-1B visa, the applicant must have:

  • A job offer with a prevailing wage from a U.S. employer.
  • The prospective job must be in a specialty occupation related to the employee’s field of study.

The prospective job may be related to Department of Defense (DOD) research, or the prospective employee may be a fashion model of distinguished merit to qualify under the H-1B specialty occupation program.

USCIS requires a certified Labor Condition Application (LCA) from the Department of Labor (DOL) before you can apply for the H-1B visa. An LCA requires certain attestations by the employer relating to working conditions, wage, benefits and labor disputes.

Due to an annual quota of available H-1B visas and surplus of applicants each year, USCIS has created a lottery system for prospective applicants. Employers are required to register during the designated period to be selected through the lottery.

USCIS issues 65,000 new H-1B visas during each fiscal year, and an additional 20,000 visas are issued to those with higher degrees, such as a master’s degree or doctoral.

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What We Cover

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Green Card Through Marriage

Fiancé(e): K-1 Visa

Your U.S. fiancé(e) may apply for a K-1 visa which allows you to enter the U.S. for a period of 90 days.

Green Card Through Employment

Specialty Workers: H-1B Visa

The H-1B visa allows non-U.S. workers to temporarily work in the U.S. in a specialty occupation, requiring a higher degree or equivalent work experience.

Other Workers: H-2B Visa

The H-2B visa provides an opportunity for skilled or unskilled non-U.S. workers to work in the U.S. on a temporary or seasonal basis.

Trader/Investor Visa: E-1/E-2 Visa

The Treaty Trade or Investor visa provides nationals of selected countries with whom the U.S. has a treaty or other agreement to enter the U.S. to engage in international trading or investment activities.

Intracompany Transfer: L-1A/L-1B Visa

L-1A and L-1B visas enable U.S. employers to transfer employees from foreign affiliated offices, who either work in managerial positions or have specialized knowledge.

Visitor (tourist/business): B-1/B-2 Visa

Individuals who would like to enter the U.S. for tourism, medical treatment or a business trip may apply for a B/1 or B/2 visa.

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Applying For a Work Visa in Phoenix

Length of Stay

The H-1B visa is initially approved for up to three years and may generally be extended up to six years. An additional extension may be available for those who have begun the employment sponsorship process leading up to a green card.

Derivative Beneficiaries

The spouse and minor children (unmarried children under age 21) of the H-1B applicant may receive authorization to stay in the U.S. as derivative beneficiaries of their spouse or parent attaining temporary employment visa status.

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