What Is An H1B Status?

One of the key opportunities under immigration law in the United States is that of foreign citizens to petition for and receive work visas.  There are limitations under immigration law, including quotas and time limits, often requiring the assistance of an immigration law firm for an alien to come to the United States.  Immigration laws are under the supervision of the Bureau of U.S. Citizenship and Immigration Services (USCIS); however, they are very complicated and difficult to master. In some cases, immigration law can even confuse the employees of the USCIS itself.  That is why it is often essential for someone seeking a work visa, known as a beneficiary, to contact an immigration lawyer before acting on any advice concerning immigration law that they receive from other sources, including the USCIS. 

There are five categories of work visas that an immigration law firm can help a foreign worker obtain under immigration law, including: 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 branches of U.S. government; and investors or others who create jobs. 

Under immigration law, an immigration law firm can help a foreign worker obtain an H1B work visa for professional or specialty positions.  Immigration law states that this type of work visa generally requires a bachelor’s degree or better in the specialty or, in some cases, special ability in the specified field.  Some of the categories of expertise for which an immigration law firm can help obtain an H1B work visa under immigration law include medicine, education, engineering, physical or social sciences, law, theology, and the arts.
 
Filing for an H1B Work Visa

Immigration law states that those who petition for H1B work visas must have a specific employer and their immigration law firm must file a request for a labor certificate.  Immigration law seeks to protect American workers, so immigration law also requires the employer and their immigration lawyer show that there were no qualified American employees to fill the position and that the beneficiary will be paid a comparable wage.  These are just two of the details an immigration law firm must help the employer include in their completed petition.  Once a labor certificate is granted, the potential employee and their immigration law firm may apply for their work visa.  An immigration lawyer helps file the paperwork and fulfill all the requirements to satisfy immigration law.

Immigration law also states that the H1B work visa be requested by an employer that has a job requiring a professional with a minimum of a bachelor’s degree, and that the alien applying for the work visa has the appropriate bachelor’s degree to fill that position. 

Once an immigration lawyer has helped obtain the H1B work visa, immigration law still does not guarantee that the beneficiary may enter this country.  U.S. Customs and Border Protection (CBP) agents may block entry if there are any indications that the quota for that type of H1B work visa are full or that the foreign worker is not qualified to receive a work visa.  In those cases, the help of an immigration lawyer can be invaluable in clearing up the difficulties and reapplying for entry. 

Working with an H1B Work Visa

Once all the immigration law requirements are fulfilled, an immigration lawyer has filed all the proper paperwork and fees, and the H1B work visa has been granted, the process is still not complete.  Immigration law states that the foreign worker must work for the company that brought them here, reapply for a labor certificate and work visa with another employer through their immigration law firm, or leave this country.  An immigration lawyer can help ensure that immigration law is followed and the foreign worker is not deported.

In addition, an immigration lawyer must help the foreign worker remain aware of the length of their work visa and prepare for the next step.  They cannot stay beyond the specified three years U.S. immigration laws allow unless an immigration law firm helps them file a three-year extension.  At the end of that time, the alien has two choices.  
They and their immigration lawyer must have applied for resident status, but the

application has been pending for more than a year, in which case their work visa will be extended for one year.

They and their immigration lawyer must have applied for resident status and had their petition approved, at which time their work visa will be extended for three years.

At the end of the extension, unless their status has changed, they must leave the country.