Law

Frequently Asked Questions on H1B Visa!

by Eric Toro0360

If you are skilled worker/professional with ambitions of working in the US, or an employer looking to hire foreign national professionals to work in the US for your company, you should know about the H1B Visa in-depth. One of the best steps is to talk to a Dallas H-1B Visa Attorney, who can guide on the process and ensure that the paperwork is done right. In this post, we are sharing answers for the frequently asked questions about H1B Visa. 

  1. What is the H1B Visa?

For the unversed, this is a nonimmigrant work visa, which allows foreign nationals with specific skill set to work in the US temporarily. The H1B Visa is valid for a period of three years and can be extended up to 6 years. 

  1. What are the required qualifications?

Applicants, who want to have a valid job offer from an employer in the US, must – 

  1. Have a US Bachelor’s degree or higher, or an equivalent foreign degree
  2. Or should have experience that can be completion to such degree. 

Note that an applicant cannot file H1 visa petition on their own, but their employer in the US should take the necessary steps to complete the petition. The H1 visa petition can be filed by the employer even when the prospective employee is working in their own country. In other words, the prospective employee doesn’t have to be in the US in person. For the unversed, the H-1B visa is also known as the dual intent visa, because the foreign national may conmsider the choice of going for US permanent residency in the future.  

  1. What are the steps for getting H1 visa petition?

The employer will first make an offer to the foreign national professional and must ensure that the prospective employee is paid the prevalent wage/salary. Next, the employer will files the Labor Condition Application (LCA), and upon receiving approval, the employer will file Form I-129 with USCIS. The USCIS will select between H1B petitions through a random lottery.  

Talk to a visa attorney

If you want to know more on the H1B petitions and how the due process must be followed, consider talking to a visa attorney like we mentioned before. Attorneys dealing with H1B petitions often spend considerable time of their practice working with employers, and they know what it takes to ease the process, so that there are no issues in the paperwork and formalities.