Philadelphia H1B Visa Lawyer
Obtaining an H1B visa is challenging. The U.S. caps the number of visas available each year, and an employer must meet many requirements before the government will issue a worker a visa—even if you’ve extended a job offer. To learn more, speak with a Philadelphia H1B visa lawyer at Ellenberg Law Group today.
H1B Visa Requirements
The H1B is one of the most popular visas which allows a foreign national to work in the U.S. temporarily. The visa is good for three years, though some employees can receive an extension. H1B visas have proved crucial for employers to fill specialty occupations which require a bachelor’s degree or equivalent credential. They allow employers to tap an educated labor pool outside the United States to fill needed positions here in Philadelphia.
To obtain an H1B, a foreign national must have a job offer in hand from an employer or recruiter in the United States. This visa is for professionals who work occupations which require a bachelor’s degree or equivalent and is most common in the engineering, technology, arts, and sciences.
Typically, the employer files a petition on behalf of the worker. Before the government will issue the visa, however, an employer must submit a Labor Condition Application (LCA). This application is designed to protect the U.S. workforce from unnecessary competition. Employers must make certain attestations in their LCA, so they should perform necessary due diligence to ensure their submission is accurate.
Employers also cannot underpay the H1B visa holder to undercut the domestic labor market. Any willful violation of this or other requirements can disqualify an employer from participating in the H1B lottery in the future.
Once the H1B is granted, a worker can come to the United States and legally work. Crucially, the worker can also bring qualifying family members, such as a spouse and unmarried minor children (under 21). Although the visa is good for three years, many renew for up to six years. In some industries, workers can stay for even longer. The worker might also ultimately qualify to become a lawful permanent resident (green card holder) and stay in the United States indefinitely.
Both employers and workers benefit from a lawyer’s help. If you are seeking to work in the Northeast, then hiring a Philadelphia immigration lawyer is best, since we understand trends in the region. An employer cannot shirk the Labor Condition Application, because without it they cannot bring in an H1B worker.
Speak with a Qualified Immigration Attorney for More Information
The H1B visa program has helped Philadelphia businesses fill critical positions with talented workers. Without this program, many businesses would fail to grow or even be forced to shut down. Nonetheless, the H1B program is controversial, and as mentioned already there is a cap on the number of H1B visas offered each year.
To improve your odds of success, contact our firm to speak with a Philadelphia H1B visa lawyer today. We can assist completing all required paperwork to improve your odds of success.
