Skylex Immigration Lawyer | Solution to any immigration problem
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H Visas
Experienced H visa attorney in Washington DC & Virginia
H Visas and its Types:
We take pride to specialize on H-1B visas.
In the modern US economy there is a lot of talent that is in H-1B or other visa status in America. When a successful business places an ad for a new opening, almost every time, there will be at least one or two candidates who is in the US but either without employment authorization or under certain limitations. In the IT industry this number is way higher. Approximately
80-90% of applicants that reply to job advertisements in the Information Technology sector are immigrants.
In order to compete in the changing business circumstances, employers can no longer afford disqualifying such applicants right away. There are a lot of great applicants who are qualified and over qualified. But, most importantly, such applicants may consider lower salaries.
For those prospective employees in a valid H-1B status there is an easy solution. It is called H-1B Transfer or H-1B Change of Employer. H-1B visas are easily transferable. Skylex can facilitate a transfer of such candidates as a quickly as within 3 weeks.
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How to get an H1B Visa without a Bachelors Degree? Explained in 2 mins. Who can get an H1B?
There are two basic requirements:
- Advanced degree:
the attainment of at least of a bachelor’s degree or its equivalent as a minimum); for example, a Bachelor in Information Technology from India.
- Specialty occupation:
For those employees who are not in an H-1B status and never had an H-1 filed for them, applications must be filled out by April 1st. There is no way around it. Each new H-1B must be counted against a special limit called H-1B visa cap. Please see our blog on the Cap subject and see our discussion on the last 2015 cap numbers and news.
A few words on Prevailing Wage (minimum salary that an H-1B worker must be paid). A given employment position must be compensated at a prevailing wage in a particular geographic area. This wage is set up by Department of Labor and very strictly enforced. Skylex offers a wide range of legal services cover everything related to employing H-1B professionals, including the Compliance with Department of Labor and other Regulations.
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H-1B Visa Fee
- If a candidate currently has a valid H-1B and works for a different company, an H-1B transfer case can be filed (described above).
- If a candidate is a student/recent graduate in the US or overseas who has not had an H-1B visa in the past, a CAP case can be filed on April 1 and a student may continue/begin working.
- One can hold an H-1B visa for no more than 6 years. During that time most foreign nationals request to initiate a green card process (become a permanent resident). Time spent working for a different company counts against the 6-year limit. The intakes help us determine how much time employees have left in their H-1B status.
- Some foreign nationals from India and China have the green card process completed but cannot get green cards due to per county limit and remain in the H-1B status. The employees who have approved Forms I-140 and can have their H-1B visas extended indefinitely (6-year limit does not apply).
- H-1B visa holders can travel abroad but they cannot be moved freely from one worksite to another within the US. When an H-1B employee is sent to a different project, an amended petition and/or LCA has to be filed to document the change of work location.