Helping Specialty Workers Obtain Temporary Work Visas
Employers in the United States may choose to resolve temporary labor needs with foreign workers. There are a number of temporary work visa programs that allow for these personnel to work in the U.S. H-1B visas are reserved for workers who will be working in a “specialty occupation” in the U.S,, and the worker’s education and the job they will fulfill must be closely related.
Employers must pay all legal and government filing fees associated with H-1B petitions, and they must guarantee the worker the minimum prevailing wage calculated for the industry and geographic area. Employers must also pay return travel costs if they terminate the employment of an H-1B worker.
The attorneys at MT Law LLC work with both employees and employers with immigration needs.
Types Of H-1B Visas
There are three main types of H-1B visas. These visas are highly categorized based on the type of work that the individual is going to preform. The visa types and descriptions are as follows:
- H-1B: This visas is for workers who hold a bachelor’s degree or have equivalent experience. In order to begin the process of obtain an H-1B visa, the employer must file a labor condition application through the U.S. Department Of Labor.
- H-1B2: This is a special program for employers that are dealing with research and development projects in cooperation with the U.S. Department of Defense. This visa does not require labor certification.
- H-1B3: Reserved for prominent fashion models, this visa temporarily allows models to work and live within the United States.
Understanding Specialty Occupation Visas
H-1B applications are accepted each year starting at the beginning of April. Only 65,000 H-1B visas are authorized each year, with an additional 20,000 authorized for master’s degree graduates from U.S. institutions. In most recent years, this cap has been fully reached and even exceeded during the first week of April. When the cap is exceeded, USCIS conducts a random lottery of all H-1B petitions and returns all petitions not selected. It is essential to submit H-1B petitions during the first week of April to guarantee they will be considered in the lottery.
An initial H-1B visa is granted for a maximum period of three years, with the possibility to be extended for an additional three years, allowing a maximum H-1B stay of six years. Only time spent in the United States counts toward this time period, allowing workers to extend their stay further based on the amount of time they spent outside the U.S. over the six years in H-1B status. There are certain circumstances that allow further extension as well.
We Work With Employees And Employers
The attorneys at MT Law LLC have extensive experience with H-1B programs, advising workers and companies of all sizes throughout the process. We offer full-service H-1B programming for growing companies, ensuring that employers have the tools they need to maintain compliance without interruption to their workforce.
If your company wishes to sponsor workers for H-1B visas, please schedule a consultation with one of our attorneys today by calling 800-345-1899 or filling out our online submission form. With offices in Lexington, Massachusetts, and New York, California and China, we are well-equipped to aid you in your efforts.