Who Is Entitled To A H1B Status And For How Long?

Under U.S. immigration laws, foreign citizens with professional degrees and special abilities have the opportunity to receive temporary work visas in order to be employed in this country for a limited period.  The designation under immigration law that applies to these workers is classified as H1B temporary work visas status, and this status requires special qualifications and applications.  However, these visas fill a need for some employers and for qualified workers from foreign countries that immigration law and H1B lawyers can help interested parties to complete. Applying for a US work visa, should be done in concert with an Immigration Attorney specializing in work visas.

Temporary work visas are limited since immigration law protects American citizens from alien workers entering this country on work visas and taking their jobs.  As a result, many workers are not eligible for temporary work visas under U.S. immigration law.  An H1B lawyer can help discern which specific positions are approved for visas and which are not.  However, immigration lawyers can also help determine those job categories of professional workers eligible for temporary work visas because of their special qualifications.  Immigration law defines these categories as priority workers; advance degree professionals or aliens with exceptional abilities; professional or skilled workers without advanced degrees, or workers who fill a shortage; aliens who can work in specialty areas like religious positions or an overseas branch of U.S. government; and investors or others who create jobs.  While immigration law allows these categories of workers to enter the country, the application and approval process under such immigration laws is complex, usually requiring the assistance of an H1B attorney. 

HIB work visas are an even more specialized sub-category, and a H1B attorney, specializing in H1B Visas can help determine the special requirements under immigration laws, which can include

• That they be professional workers with special qualifications under H1B visas
• They have an employer wishing to hire them for a specific position for which the employer and their immigration lawyer must apply for a labor certificate
• The employer and their immigration lawyer show evidence that they have found no American employees qualified to fill the position
• The employer and their immigration lawyer show that they are paying an appropriate wage to the foreign worker

These requirements are very specific and require multiple filings and applications under immigration law that often require the expertise of an immigration lawyer. 

In addition, Immigration law requires that these H1B work visas be granted to those who have a bachelor’s degree or better, and that the employer’s position require the abilities of someone with a bachelor’s degree or better.  Immigration lawyers can provide the proper documentation to affirm both the need and the foreign worker’s ability to meet that need in accordance with immigration laws.  In some circumstances, these qualifications under immigration law may also apply to employees who have special abilities that can be performed by no one else or to essential team members without whom the business cannot move forward.  The foreign worker’s qualifications can be affirmed by special affidavits procured by an immigration lawyer in fulfillment of immigration law. 

Entering the U.S. With H1B Visas

Even if the employer, the applicant, and an H1B lawyer have met all these prerequisites of immigration law, which does not guarantee that those with H1B visas will be able to enter this country.  Immigration law mandates that U.S. Customs and Border Protection (CBP) agents have the final say, which is why it may be important to have an immigration lawyer there when they come to this country.  If CBP agents find anything amiss, they may block entry even for those with approved H1B visas.  In addition, if foreign workers with H1B visas attempt to enter the country at a time when the quota for their particular position or field is full, they will be stopped.  While that makes immigration laws in this country seem arbitrary, they have a purpose, and an H1B lawyer can help applicants track annual quotas and plan their entry.  If their plans fail and the quota is full, applicants and their immigration lawyers must attempt to enter at another time, in hopes that the job and their H1B visas won’t expire.  Thorough planning with an experienced immigration lawyer should prevent that error.

Time Limits of H1B Visas

Even after fulfilling immigration law requirements and consulting with an H1B lawyer, H1B work visas have a time limit of only three years, with a possible extension of an additional three years.  In addition, these work visas apply only to the employer and the position for which the worker and their immigration lawyer applied.  If the foreign worker wishes to change positions or employers, immigration law requires the employer and their immigration lawyer obtain a new labor certificate and the foreign worker must be re-approved for the new position.