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H1B Visa Lawyer Philadelphia

Philadelphia Immigration Lawyer for H1B Visa

The H1B is the most common tool used by U.S. employers to bring employees to the United States on a temporary basis. The H1B can also be used to change one's immigration status those who are in the United States legally and receive a job offer here. The H1B is for professional workers who possess the equivalent of an American bachelor's degree.

There are a number of requirements that must be fulfilled before an H1B is granted. First, there must be an employer/employee relationship between the petitioning employer and the beneficiary. Facts must show that the employer has the right to pay, hire, fire, supervise and control hours of employment. It must also be shown that the job is a specialty occupation. A bachelor's degree must be the minimum requirement for the job, or the job must be so complex that is can only be performed by someone with a bachelor's degree or higher. The job must be related to the beneficiary's field of study. It is possible to receive an H1B without a bachelor's degree if the beneficiary has specialized experience or knowledge that is the equivalent of a bachelor's degree.

It is also important to note that the beneficiary must be paid the actual or prevailing wage for the specific occupation. The U.S. Department of Labor maintains a database for prevailing wages. Lastly, an H1B Visa must be available. There is an annual cap of 65,000.00 for each fiscal year. The federal fiscal year begins on October 1, however, the H1B quota numbers become available on April 1. There are also exemptions from the cap such as petitions filed on behalf of beneficiaries who have a U.S. master's degree or higher. For nationals of Chile and Singapore there is what as known as a carve out provision that does not count against the 65,000.00.

It is possible to change Immigration status to H1B and remain in the United States, or if the beneficiary is outside the U.S. he or she will present the approved petition to a consulate overseas to receive the visa. When approved, the H1B visa gives the beneficiary up to three years of employment with the petitioning employer. An extension of three years can be granted with additional time being granted depending upon where the beneficiary is in the Green Card process. Holders of H1B Visas can also bring their spouses and children as H4 dependents.

This content was written on behalf of Greg Prosmushkin.

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