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H-1B visas are visas issued by the federal government to non-immigrants. The visas allow U.S. employers to temporarily hire specialized foreign workers. These visas allow the employee to work for a specific employer for three years, with one renewal permitted for a total of six years. At a minimum, the employee must hold a bachelor’s degree or its equivalent in the field in which they wish to work, and the job they are doing must also meet certain requirements. Immigration law is a highly specialized area of law, and anyone seeking an H-1B visa should consult with an experienced H-1B attorney as soon as possible.
Obtaining an H-1B visa requires navigating a complex body of federal laws and regulations. As a result, it is invaluable to have the assistance of an experienced H-1B visa attorney when going through the process. Importantly, it is the employer that seeks the visa for the specific employee; individuals do not apply on their own. Before an employer may petition for an H-1B visa, the Department of Labor must first certify a labor condition application, known as an LCA. LCAs operate to make sure that employers are maintaining certain labor standards and not exploiting foreign labor.
In addition to helping with the LCA, an attorney can also assist help you prepare the petition for the H-1B visa and may be able to anticipate and avoid any problems that may arise. Since there is a visa limit to H-1B visas, it is important to hire an attorney early and be prepared to file the visa application on the earliest date possible as there are many years that more people apply than there are visas to be had. A skilled H-1B visa attorney will help ensure your case is ready on time.