Fairfax H1-B Visa Attorneys

One of the most popular non-immigrant visas is the H-1B. It offers many benefits to foreign nationals who hold a bachelor’s degree and wish to live and work in the United States temporarily. The H-1B visa is available initially for three years and can be renewed for a maximum of six years. It also allows for spouses and children to accompany the H-1B holder to the U.S. for the duration of the visa time.

The H-1B visa requires a U.S. company to petition for the foreign national. It also requires that the company employ that person in a specialty occupation. 

This work visa provides a nonimmigrant status, but it allows for dual intent. This means that a foreign national may file an immigrant petition, seeking permanent residence, while present in the United States on H-1B status. 

Requirements to Apply for H1-B Specialty Occupation Visa

The work position requires:

• Theoretical and practical application of highly specialized knowledge
• A bachelor's degree or higher in the specific specialty (or its equivalent)
• One of the following to qualify as a specialty occupation:
  • Bachelor’s degree or higher, or its equivalent, is normally the minimum education requirement 
  • The degree requirement is common to the industry in similar positions and organizations 
  • The employer normally requires a degree or its equivalent for the position
  • The nature of the specific duties is usually associated with a bachelor’s degree or higher 

To qualify as an applicant, you must have:

• A relevant U.S. bachelor’s or higher degree from an accredited college or university (or its foreign equivalent)
• An unrestricted state license, registration, or certification that authorizes you to fully practice in the state of intended employment

The following H1-B work visas also exist and have specific requirements:

• H-1B2: DOD Researcher and Development Project Worker
• H-1B3: Fashion Model

Other Types of Employment-Based Nonimmigrant Visas

• CW-1: Transitional workers from the Commonwealth of the Northern Mariana Islands (CNMI)
• E: Treaty traders, investors, and qualified employees
  • Foreign investors in the CNMI
  • Australian nationals in a specialty occupation
• H-2A: Temporary or seasonal agricultural workers
• H-2B: Temporary non-agricultural workers
• H-3: Trainees other than medical or academic
• I: Foreign media, press, and radio representatives
• L: Intracompany transferees
• O: Persons with extraordinary ability and their assistants
• P: Internationally recognized athletes, entertainers, artists, and performers
• Q-1:  Persons participating in cultural exchange for training, employment, and education purposes
• R: Religious workers

Schedule a Consultation Today!

If you have questions about a work visa and/or need help with any type of employment-based immigration proceeding, let The Law Firm of Shihab & Associates counsel you to accomplish your goals. We are committed to providing you with timely and affordable legal representation. With our experience and understanding of ever-changing immigration laws, we can help you address every aspect of your visa application correctly.

To learn more, call us at (888) 915-5057 or contact us online. We speak English, Arabic, and Spanish!