Competent, Professional, and Efficient Immigration Legal Services

1. What is H-1B Visa?
H-1B visa is the most commonly sought working visa for professionals who come to the United States to perform specialty positions.

2. What is the professional position for H-1B visa?
Generally, the professional position (specialty position) includes the following but not limited to: Architects, computer professionals, engineers, lawyers, accountants, business managers, and science researchers. A specialty position is defined as (1) theoretical and pragmatic application of a body of highly specialized information; and (2) attainment of a bachelor’s degree or higher degree in the specific specialty, or its equivalency.

3. How do I reduce for the H-1B visa?
First, you will need a bachelor degree or its equivalency. Second, you will need a job offer for a specialty position from an employer in the United States. Third, your educational background and/or working experience need to be related to the position offered.

4. How long is the processing time to get the visa?
It depends on the case load in the government. You can also use the Premium Processing for an additional filing fee to the government and the application will be adjudicated in 15 calendar days.

5. How long can I stay in the United States if the visa is issued to me?
The H-1B visa will be issued for three years and can be extended for six years. If there is a permanent residency application pending, it might be able to extend to more than 6 years.

6. How many times can I change the employment?
There are no limits on how many times you can change your employment during the 6 years time period of your H-1B visa.

7. Can my family join me after I get my H-1B?
Your spouse or children can get H-4 visa.

8. What documents should I prepare?
You should have your college diploma, transcripts, and copy of your passport ready. We will also need to know your prospective employer’s business name, address, telephone number and fax number.

H-2 B Visa

Section 101(a)(15)(H)(ii) applies to two classes of temporary workers. The H-2A category is applicable to aliens come to the United States to perform agriculture labor or services of a temporary or yearly nature. The H-2B category is applicable to any alien “who is coming to the United States to perform substitute services or labor, if unemployed persons capable of performing such service or labor can not be found in the United States.

Both visas need to file an application to the Department of Labor first and then a petition should be filed along the final determination from the Department of Labor. This visa category includes skilled and unskilled workers.

H-3 Trainee Visa

. The O-1 visa, which is for the principal alien, requires the following standard to be met: (1) the most demanding standard applies to aliens in the science, education, business, and athletics; (2) a much less rigorous applies to individual aliens in the arts; (3) an intermediate standard applies to aliens of extraordinary achievement in the motion picture of TV industries. (see page 2-458, Immigration Law and Business, Fragomen, Del Rey and Bernsen, West Group).

For the first category, the alien has to show that (1) receipt of nationally or internationally identified prizes or awards for excellence in the field of endeavor; (2) membership in an association in a field which requires outstanding achievements of their members; (3) published material in professional or major trade publications or major media. To be qualified as the second group, the rules require “distinction” and it means a high level of achievement in the filed of arts as evidenced by a degree of skill and recognition substantially above that ordinarily to be prominent, leading, or well-known in the filed of arts. For the third category, the alien has to (1) have or will perform a lead or starting role in productions or events which have a distinguished reputation; (2) have achieved national or international recognition for achievements; (3) have performed a lead or critical role for organizations and establishment; (4) Has a record or major commercial or critically acclaimed successes. (see supra page 2-459 to 460).