Orange County H-1B Visa Lawyer

The H-1B visa program provides opportunities for employers and employees engaged in business practices requiring skilled workers with specialty knowledge. The H-1B visa application process can be highly complex, requiring multiple steps and interactions with various stakeholders. An experienced Orange County H-1B visa lawyer from U.S. Law Center can assist you or your business with successfully navigating the H-1B visa application process.

At U.S. Law Center, our dedicated immigration team has combined decades of experience helping clients like individuals and corporations find solutions to reach their career and business goals.

We are here to work directly with you or your business, understand the details of your case, gather and submit pertinent documentation, and present a strong H-1B visa application to optimize your chances of a positive outcome. Our Orange County immigration lawyer know how stressful the immigration process can be, and we want to provide you with compassionate support.

Understanding the H-1B Visa

The H-1B visa is a nonimmigrant visa for foreign workers involved in positions related to the following three categories:

• Specialty Occupations. Individuals who apply for an H-1B visa under the specialty occupations category will need to demonstrate they have at least a bachelor’s degree relevant to the area of work they will be engaged in. The specialty occupations category involves jobs that require highly specialized knowledge, as well as practical and theoretical application.
• Department of Defense (DoD) Researcher and Development Project Workers. Workers applying for an H-1B visa under this category must show they have obtained a bachelor’s degree or higher related to the position of interest. Furthermore, they will need to demonstrate they are part of a cooperative research and development project certified as part of a government-to-government agreement.
• Fashion Models. Fashion models will need to provide strong evidence of their existing career of distinguished merit and show that they have exceptional ability in their field of practice.

Each H-1B visa category has different requirements. For example, a labor certification is not required for the DoD worker category. A dedicated immigration lawyer from U.S. Law Center can help you understand whether the position you are hiring for and your prospective employee’s credentials meet the requirements for an H-1B visa category. Then, they can help you understand and fulfill the specific requirements associated with your application.

How an Orange County H-1B Visa Lawyer Can Support Your Case

Although the H-1B visa application process can be complex and overwhelming to navigate, a dedicated lawyer can streamline the process and address challenges by assisting you with the following:

• Understanding your case details. During an initial consultation, an immigration lawyer can understand the details of the profession to be filled and the credentials of your prospective employee. We can help you understand whether your case qualifies for the H-1B visa program or if another, more suitable immigration avenue might be available.
• Assistance with filing applications. Depending on the H-1B visa category, different documents may be required. An attorney can help guide you through the process of getting a confirmed Labor Condition Application (LCA) with the Department of Labor (DOL), as well as submitting Form I-129, Petition for a Nonimmigrant Worker with USCIS. Furthermore, they can assist with consular processing to help your prospective employee obtain the visa.
• Support with further steps. If you require an amendment to or extension of the H-1B status, a lawyer can assist with processing such requests.

Overall, an H-1B visa lawyer in Orange County can help ensure that you meet the requirements for your visa, submit a comprehensive and correct application with ample evidence, ensure compliance, and help with required extensions or amendments after the application has been approved. By actively communicating between the employer, prospective employee, and various government agencies, they can ensure that the application process is facilitated effectively.

FAQs

Q: Do You Need a Lawyer for an H-1B Visa?

A: Although it is not a requirement to hire a lawyer to obtain an H-1B visa, working with an attorney can optimize your chances of having a successful application. An experienced immigration lawyer can ensure you meet all the requirements for applying for an H-1B visa, help you submit adequate paperwork with supporting evidence, and avoid errors so your application does not face unnecessary rejections or delays.

Q: How Long Does the H-1B Visa Process Take?

A: The duration of the H-1B visa process depends on the case at hand, with key factors being the current caseload of USCIS, whether premium processing is used, and the lottery selection involved. An experienced immigration attorney can inform you about the time in which you can expect to receive your H-1B visa. By accurately submitting all documentation, they can also ensure that your application processing is not delayed.

Q: Are H-1B Visa Holders Eligible to Apply for a Green Card?

A: Those with H-1B visas are able to apply for permanent residency, even though they fall under a nonimmigrant status. They can go through the employment-based immigration process by having their employee sponsor their green card. To obtain an employment-based green card, the employer will have to obtain a permanent labor certification, as well as file a petition on their behalf. Once this is approved, they can apply for an Adjustment of Status.

Q: What Are the Requirements for an H-1B Visa?

A: To qualify for an H-1B visa, an applicant will need to show that they have an employment offer from a US employer for a job that requires specific knowledge and a bachelor’s or higher degree in a field related to the occupation. Furthermore, the employer will need to show that they will pay the prospective employee the prevailing wage and that they have an approved Labor Condition Application from the Department of Labor.

Simplify the H1-B Visa Application Process With an Orange County Immigration Lawyer

If you are an employer looking to hire foreign talent, the H-1B visa may be the optimal solution to acquire the human resources you need. A dedicated and skilled H-1B visa lawyer from U.S. Law Center can work closely with you and understand your case details, including your labor needs and business goals, to help you find and implement effective immigration solutions. Contact us today.