H-1B EMPLOYMENT VISA

TEXAS H-1B EMPLOYMENT VISA ATTORNEYS

Davis & Associates are your work migration lawyers of choice in Texas. Our legal professionals provide experienced lawful guidance for all elements of immigration law, including our focus on business migration and work visas. Our lawyers help with work visas and employer-sponsored immigration, such as the H-1B employment visa. Our attorneys can assist you with every element of the H-1B application procedure, consisting of understanding the H-1B requirements as well as submitting an H-1B application.

H-1B Employment Immigration | Dallas Immigration Attorney | Davis & Associates

EMPLOYMENT IMMIGRATION

For some individuals, the easiest way to obtain an US Migration Visa or Green Card is through employment migration or "work visa".

The H-1B work visa permits an individual to be a staff member of a sponsoring employer to execute obligations that require "specialized knowledge." That indicates that the responsibilities of the work provided to the H-1B employee needs to require somebody with a higher education and/or specialized job experience.

Select "Get Started" below to set up a consultation and start your H-1B Work Visa application today.

WHAT IS AN H-1B VISA?

An H-1B visa is a non-immigrant visa in the United States. It makes it feasible for USA companies to temporarily hire workers from various other nations to execute specialized jobs.

H-1B EMPLOYMENT VISA REQUIREMENTS

There are numerous requirements you must meet to make an application for an H-1B visa.

  1. You have to have an employer/employee relationship with a petitioning United States company. A legitimate company that can hire, terminate, oversee or otherwise manage the recipient's employment will need to petition for the visa.
  2. The job must operate in an occupation that calls for a diploma or a specialized ability.
  3. You should be able to show that your education and learning, ability or specialty is needed to execute the task.
  4. Financial compensation for the role should be equivalent to or more than the prevailing wage for the particular occupation in the geographic area of desired employment.
  5. There are just 85,000 H-1B visas obtainable each year. If all 85,000 have been taken up, you will not obtain one.
  6. You cannot sponsor yourself as an employer and employee.

 

It is necessary that you speak with a lawyer who is a specialist in US work migration legislation prior to filing petitions or applications with the federal government. Davis & Associates has expertise in aiding clients properly navigate the H-1B visa and other business migration processes. Find out exactly how we can aid you by clicking the Get Started button listed below.

H-1B AND LET GO?

In these concerning economic times, companies are needing to take radical steps to prosper. As unemployment rates constantly climb in the United States, numerous H-1B nonimmigrant visa holders will likely wind up without a job and searching for alternate solutions. Following is a basic discussion of the options obtainable to H-1B nonimmigrants that become casualties to the financial recession.

The primary thing you must know as an H-1B nonimmigrant is that your employer is required to pay your way back to your previous country of residence if you are terminated. That does not mean you can walk right into the Founder's office and demand the expense of a plane ticket home in hand. But if you are leaving the US, your employer is required to pay your way back-- but just if you are leaving. Have them examine the H-1B Application and Labor Condition Application, which they signed and submitted, very meticulously, and they will certainly see that they consented to do this at the time of applying.

If your H-1B Petition was "cap subject," suggesting that you needed to get approved for the authorization by means of the lottery selection system when your original H-1B application was filed, then you have the ability to transfer that H-1B Application to an additional H-1B employer. There are some limitations to transferability.

Initially, the role being presented needs to qualify as an H-1B job. It should be specialist in nature and call for a certain Bachelors or higher degree for entrance into the position. You can fairly presume, although this is not a sure thing, that if you are being offered a similar position to the H-1B role you had most recently, the job will likely be considered an H-1B job.

Second, you must submit the H-1B transfer within 60 days of your final payroll check, ideally 1 month and preferably the routine paycheck and not the severance pay. Technically, an H-1B nonimmigrant is out of status the day he or she is terminated. An individual who is out of status cannot modify or extend his or her nonimmigrant standing. USCIS has an unwritten rule of permitting extensions or adjustments of status to H-1B nonimmigrants who file within 60 days of the day of the last pay. This might stop any time, yet it has traditionally been the practice. Start trying to find a new position as soon as possible!

Third, there is some conversation on the wires regarding submitting a change status to F-1 student, B-2 visitor and the like to offer a person even more time to seek new H-1B employment. The idea would be to then have the new company file a new H-1B petition while the F-1 or B-2 application is pending. There is a severe issue with this technique. A number of years ago, the government stopped allowing "bridging" status through a plan memorandum issued out of headquarters. "Bridging" is the technique of filing an extension or change of status and then while that extension or change is pending, submitting a different one.

For example, a B-2 nonimmigrant visitor arrives in the United States and also receives authorization to be in the US for six months. Before the six-month expiration, the person applies for an extension of status for an additional six months. While that extension request is pending and after the initial six-month entrance period has expired, the person files another application seeking to change status to F-1 student. In the old days, the migration administration would have considered the adjustment of status to F-1 an acceptable filing since the extension request was pending. This was named "bridging" of status.

The immigration administration has stopped permitting bridging. So, the only means to make bridging work is to finish the bridge prior to crossing it. What this means is the interim status application, whether it is an adjustment of standing application to B-2 visitor or F-1 student, must be approved to make sure the person has a new status at the time the H-1B transfer is filed. The trouble is the migration administration typically takes longer to adjudicate an adjustment of standing to B-2 visitor than the highest period asked for, implying the individual will still have no status when attempting to apply for a change back to H-1B. Attempting to accomplish bridging is like playing with fire. It is intricate and must not be managed without the specialist assistance from an immigration lawyer.

Fourth, what alternatives do you have if you worked for a government research establishment, a United States college or other company that is exempt from the H-1B quotas? You have not used a visa from the quotas, unless you did with a previous employer, and as a result will definitely not be able to transfer right into a placement that is subject to the H-1B quotas. Alternatives are limited, however if you happen to be dismissed prior to April 1 of that year, you will have a good chance of obtaining a visa from the quota to start work October 1 of that same year for a cap subject employer.

Last but not least, what is one to do if no new employer is identified within the 60-day period from the termination of employment? Know that as long as you do not leave the US for over 1 year, you will always have the H-1B visa from the quotas. As mentioned above, an H-1B nonimmigrant is no longer in standing the day she or he is terminated. Yet a person is not illegally in the United States until the federal government terminates the status (i.e. through removal proceedings or a change of status application denial) or the person's I-94 standing record expires.

Illegal presence has repercussions to a person's ability to get a visa from the United States consulate. Running out of standing on its own does not. When someone is illegally existing in the United States for higher than 180 days, that individual cannot return to the US for 3 years. The inadmissibility duration raises from 3 years to 10 years if the individual is unlawfully existing in the US for more than 1 year.

With those factors in mind, what occurs if the I-94 status file is unexpired, the federal government has not terminated the I-94, and it has been more than 60 days from the last paycheck when you find a new job? The employer will submit a new H-1B Application without requesting a change or extension of status. You will take that approval to the US consulate, obtain a brand-new visa, and reenter the United States to return to work. Or if you currently have an H-1B visa in your passport, regardless of having it from a separate company, you may take the brand-new application authorization, leave the US and reenter with a brand-new I-94 to return to work. If you are Canadian, you are H-1B visa-exempt, so it will just be a matter of travelling out of the US and reentering legally with your passport and the brand-new petition.

However frustrating and problematic it is to be laid off, being an H-1B adds to the anxiety. But as explained above, there are alternatives. So, maintain hope and happy new job searching!