H-1B Visa: Person in Specialty Occupation

Dallas Lawyers Serving Clients Nationwide

H-1B visas are often the preferred choice for most professional companies that want to temporarily bring in professionals with specialized knowledge, although there are yearly limits on the number of visas available[1]. Here at Akula & Associates P.C., we understand the nuances of the H-1B visa process and offer detailed guidance to both employers and employees to facilitate a smoother transition. Our experienced immigration team is dedicated to providing clear insights into the application process, addressing any specific concerns you might have along the way.

These visas must be obtained through the worker's prospective employer, who must file a petition with the U.S. Citizenship & Immigration Services (USCIS). An employer must obtain a labor condition application as a part of the visa process. Additionally, we assist employers in compiling the necessary documents and understanding compliance with U.S. labor laws, ensuring that all filings meet the stringent requirements set forth by USCIS.

Learn more about how a skilled H-1B visa attorney can help you by contacting us online or calling (844) 299-5003 today! We serve clients worldwide and offer services in 10 languages.

Who is the H-1B Visa For?

H-1B Visas (Person in Specialty Occupation): The professional must be hired in a specialty occupation that requires a Bachelor's degree or higher, or its equivalent. Examples of specialty occupations for H-1B visas include engineers, architects, lawyers, physicians, and other professional positions. Our firm is adept at matching professionals with employers seeking specific skill sets, ensuring that the occupational requirements are met efficiently.

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

To apply for the H-1B visa, the applicant and the circumstances must meet the requirements. To be eligible, these requirements must be met:

• The applicant has a bachelor’s or master’s degree, or the foreign equivalent
• The applicant must have a deep, thorough knowledge of the required field.
• The employer must show that there is a lack of qualified applicants in the United States.
• The degree needed for the position is a typical requirement for it.
• The position must require a professional or those in a specialty occupation.

At Akula & Associates P.C., we meticulously evaluate each case to ensure these criteria are met, helping our clients understand the implications of each requirement and strategize effectively for their application process. We offer practical solutions tailored to the unique needs of businesses and individuals navigating these complex requirements. Reach out to a qualified H-1B visa attorney in Dallas to learn more.

Understanding the H-1B Visa Process

The H-1B Visa is crucial for companies aiming to bring highly skilled professionals to the U.S. This visa supports roles that demand a depth of knowledge often signified by holding a university degree. At Akula & Associates P.C., we guide our clients through each step of the H-1B process, ensuring all qualifications and paperwork meet USCIS standards, thus reducing the chance of application rejections.

How Long Can an H-1B Visa Holder Stay in the U.S.?

Generally, H-1B visa holders can stay in the country for a maximum of 6 years. H-1B visa holders are also allowed dual intent, which allows them to apply for legal permanent residency while entering the U.S. We help our clients not only with the initial visa process but also with long-term strategies for maintaining their status, exploring pathways to permanent residency if desired, and understanding their rights and responsibilities as visa holders.

Local Considerations for H-1B Applicants in Dallas

The city of Dallas is a hub for industries such as technology, engineering, finance, and healthcare, which often seek international talent through the H-1B program. Local applicants should be aware of Dallas’s dynamic job market, which offers robust opportunities for those in specialty occupations. At Akula & Associates P.C., we align our services to support not only the visa application process but also assist in understanding employment trends and integration within Dallas-based companies.

While Dallas provides a welcoming environment for international workers, it is essential to be familiar with Texas laws and business practices. Our comprehensive approach ensures clients are well-informed about the potential cultural and operational expectations when transitioning into a U.S.-based role, aiding in smoother cultural assimilation and professional success.

How to Petition for an H-1B Visa

To petition for an H-1B Visa, the employer must complete several forms, pay fees, and provide evidence. The employer must complete this for U.S. Citizenship & Immigration Services (USCIS).

1. Submit a Labor Condition Application (LCA) with the U.S. Department of Labor Employment and Training Administration (ETA). The LCA is valid for 3 years of employment.
2. After the LCA is approved, the employer must file a Form I-129, Petition for Non-Immigrant Worker. Make sure to complete the related Supplements.
3. Submit the Filing Fee(s). Follow the instructions per Form I-129.
4. Submit evidence and all supporting documentation to prove the applicant’s education and relationship to the employer. This includes educational history, experience evaluation, training certificates, resume, employment agreement, etc.
5. Sign and file the Form I-129. Make sure you file it at the correct location according to the instructions on the form.

The processing time can be up to 6 months unless the petition is premium processed. A professional H-1B visa lawyer at Akula & Associates P.C. can provide comprehensive support throughout this process, helping employers understand fee structures and timelines and manage any unexpected challenges that arise. We are committed to ensuring each petition is meticulously prepared, increasing the likelihood of a successful outcome.

What Happens After You Apply for an H-1B Visa?

Your application will be processed when it is received by U.S. Citizenship & Immigration Services (USCIS). When it is approved, if a candidate is outside or travels outside the United States, he or she must have a valid visa to return. The visa is generally processed in their home country's US embassy or consulate. The processing time varies depending on where it is being processed. 

The immigrant and employer will receive:

• A receipt notice for the Form I-129
• A notice for a biometric services appointment date.
• A written notice of the decision.

Our team at Akula & Associates P.C. ensures that both parties are informed every step of the way, providing updates and preparing individuals for their appointments. We also assist with any potential complications that may arise post-filing, offering solutions tailored to current immigration policies and the specific circumstances of your case.

Contact an H-1B Visa Lawyer Now

Akula & Associates P.C. has been handling H visa filings for years and can assist you through the process. Visa filings are notoriously complex, and processing can take time. Entrust the details to an experienced immigration and visa law firm like ours. Our commitment lies in providing thorough legal support and strategic advice that aligns with both individual and corporate needs, ensuring a comprehensive approach to every case.

Contact a seasoned H-1B visa lawyer in Dallas at your earliest convenience by calling (844) 299-5003.

Frequently Asked Questions

What Is the Maximum Duration for Processing an H-1B Visa?

The processing time for an H-1B visa can vary based on a number of factors, including workload at the relevant processing center and complications with the application itself. Typically, the initial processing period might take a few months. There might be delays if additional evidence or documentation is required. At Akula & Associates P.C., we track each application's progress diligently, ensuring that clients are updated at each stage, reducing anxiety and minimizing waiting periods. Connect with an experienced H-1B visa attorney at our firm to learn more about the application process.

How Does the Dual Intent of the H-1B Visa Affect Application for Permanent Residency?

One of the unique aspects of the H-1B visa is its provision for dual intent, which allows its holders to apply for permanent residency while holding this non-immigrant visa. This feature can provide significant peace of mind for those planning longer terms in the United States. A skilled H-1B visa lawyer at Akula & Associates P.C. can educate you on how to balance this process, ensuring that you understand how to craft a strategy that aligns with your long-term residential goals. We guide clients through both the non-immigrant visa maintenance and permanent residency application processes, providing advice tailored to their specific situations.

What Are the Common Challenges Faced During the H-1B Application Process?

The H-1B visa application process is renowned for its complexity, often involving rigorous scrutiny and a need for detailed documentation. Some common challenges include ensuring the labor condition application is accurate and complete, staying current with USCIS standards, and managing any requests for additional evidence. Local factors such as employer engagement are crucial as well; Akula & Associates P.C. helps bridge communication between employers and the USCIS, ensuring each step enhances the application’s success probability. By providing a roadmap for navigating potential pitfalls, we empower our clients to respond proactively to any issues that may arise.