Helping You Understand How H-1B Work Visas Are Handled
Tadmor & Tadmor, LLP is pleased to help companies and individuals who are applying for an H-1B visa or an H-1B visa extension. To consult with an experienced H-1B visa lawyer at our law offices in Newton Center and Worcester, Massachusetts, call 508-791-9400 or contact us.
Employers Seeking Temporary H-1B Workers
The H-1B program allows a U.S. employer to employ a foreign worker in the U.S. on a temporary nonimmigrant basis in a specialty occupation. A specialty occupation is defined as a position that requires the theoretical and practical application of a body of specialized knowledge. The employee must have a bachelor’s degree or foreign equivalent in the specific specialty (e.g., engineering, mathematics, physical sciences, computer sciences, architecture, accounting, law, theology, arts, medicine and health care, education, biotechnology, and business specialties, etc.).
An approved H-1B visa will be valid for up to three years. However, a foreign worker can be in H-1B status for a continuous period of up to six years. After the H-1B expires, the foreign worker must remain outside the U.S. for one year before another H-1B petition can be approved. Certain foreign workers with labor certification applications or immigrant visa petitions (“Green Card” applications) in process for 365 days or longer may stay in the United States in H-1B status beyond the normal six-year limit, in one-year increments (or three years under certain circumstances such as an approved I-140 with a priority date that is not current).
The H-1B nonimmigrant visa is a temporary work visa. It is a dual intent visa; an H-1B visa holder may seek a green card (permanent resident card). People who have an H-1B visa may seek an H-4 visa to allow an immediate family member, including a spouse or child under 21, to live in the United States. H-4 visa holders may not obtain paid employment while in H-4 status.
Petition For An H-1B Visa
Employers seeking to bring a worker to the United States through an H-1B visa must submit a petition to the United States Citizenship and Immigration Services (USCIS). Prior to filing the petition with the USCIS, the employer must file a labor condition application (LCA) with the Department of Labor. A certified LCA must be included with the H-1B petition filed with the USCIS.
Contact Us To Discuss Temporary Worker Visas
To speak with an employment immigration law attorney at Tadmor & Tadmor, contact our law offices in Newton Center and Worcester, Massachusetts. For assistance, call 508-791-9400. If you are an employer or individual who has questions about an immigration matter, feel free to contact us by email