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What is the H1B Visa?
The H1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations generally require a bachelor's degree or higher in a specific field, such as engineering, computer science, finance, or medicine. The H1B program is designed to help U.S. companies find the talent they need when there's a shortage of qualified American workers. It's crucial to understand that the H1B visa is employer-sponsored, meaning you need a job offer from a U.S. company before you can apply.
H1B Visa Process
Employer Sponsorship
The process begins with a U.S. employer filing a Labor Condition Application (LCA) with the Department of Labor. This certifies that the employer will pay the prevailing wage to the H1B worker and that hiring the foreign worker will not negatively impact the wages and working conditions of similarly employed U.S. workers.
Petition Filing
Once the LCA is certified, the employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
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​The H1B visa has an annual cap. If the number of petitions exceeds the available visas, USCIS conducts a lottery to select petitions. We'll discuss the lottery in more detail below.
Petition Approval & Visa Application
If the petition is selected (either through the lottery or if exempt from the cap) and approved, USCIS will notify the employer.
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If the beneficiary (the foreign worker) is outside the U.S., they will need to apply for an H1B visa at a U.S. consulate or embassy in their home country. This involves attending an interview and providing supporting documentation.
Entry into the U.S.
​Once the visa is approved, the beneficiary can enter the U.S. and begin working for the sponsoring employer.
Why Choose Us:
1
All Inclusive Package
We do not charge extra for interview preparation or research. Everything is included in your package. ​
2
Outcome Focused
When you sign up as our client, we will handle the Request for Evidence (RFE) and Notice of Intent to Deny (NOID) at no additional cost.
3
Bespoke Approach
We understand that each immigration case is unique. We take the time to listen to your story, understand your goals, and develop a personalized plan tailored to your specific needs.
The H1B Lottery
The new USCIS system directly ties lottery selection odds to the Department of Labor (DOL) Occupational Employment and Wage Statistics (OEWS) four-tier wage levels.
Instead of one entry per beneficiary, candidates will receive multiple entries in the lottery pool based on the wage level offered for their position.
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Wage Level I (Entry-Level): 1 entry
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Wage Level II (Qualified): 2 entries
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Wage Level III (Experienced): 3 entries
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Wage Level IV (Fully Competent/Senior): 4 entries
The government's goal is explicit. They want to prioritize higher-skilled and higher-paid foreign workers while protecting the wages of U.S. workers.
H1B Visa Requirements
Specialty Occupation
The position must require a theoretical or practical application of highly specialized knowledge.
Educational Qualification
The beneficiary typically needs a bachelor's degree or its equivalent in the specific field.
Employer Sponsorship:
​A valid job offer from a U.S. employer is essential.
Prevailing Wage
​The employer must pay the H1B worker the prevailing wage for the position in the area of employment.
Lucas C.
"The entire Investor Visas team has an immersive expertise in immigration law. They anticipated challenges and navigated them skillfully, leading to the approval of my visa. I am grateful for their guidance and highly recommend Investor Visas for immigration services."
Max G.
"From the beginning, he meticulously managed every step of the process. Thanks to his expertise, we are proud to be US citizens today. We are truly grateful for his support and highly recommend James Root to anyone in need of a qualified immigration attorney".
Anton S.
“Everything was done right on time and without additional costs. James not only did a great job with my case, but also gave me a lot of good advices related to medical insurance and obtaining a driver's license and other important immigration issues.”
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