H-1B Specialty Occupation Visa

By Brian D. Lerner

Do you have a college degree? The H-1B is the best type of work visa for you to obtain. However, they are used up very quickly each year. If your not going to have an attorney help you, you should use this book to get a clear and concise example of what is needed. There are many parts to a successful H-1B and this book makes it much easier to put it all together for submission before the deadline.

 

As an Immigration Lawyer, we are very aware of the red tape and the multiple items that could go wrong with any particular petition and/or application. Thus, this example should provide you a very clear path with which you can use to prepare your own Sibling Petition in order to proceed forward. The sample Sibling Petition petition will give lots of great information and a significant amount of information and data that will comply with the requirements. Note that it is not an automatic grant and it is not just filling out some forms. This is your burden to prove to the immigration officer and to convince that officer you should be reinstated even after falling out of status. Thus, if you cannot hire an immigration lawyer to prepare the necessary Sibling Petition, then this is the next best thing. Follow it carefully and closely and you will have a real chance of realizing your dream to stay inside the United States and continue your education. Note that the adjudicating officer at USCIS is not your friend or the Consulate Officer at the U.S. Consulate deciding whether you should get this particular visa or status. Thus, you need to completely and properly document and prepare your Sibling  Petition. You must properly either get legal representation via an attorney or represent yourself. Either way, if you qualify for this, you must make it as strong as possible.

 

The H-1B work visa is a fantastic opportunity for foreign workers who possess specialized skills to work in the United States for a specific period of time. To be eligible, applicants should have a valid job offer that requires specialty knowledge and proof of a bachelor's degree or equivalent experience in that field. However, there are a limited number of H-1B visas available each year. If the occupation is subject to the cap, applicants will need to register for a lottery with USCIS electronically, which costs $10. After being selected, the employer can file a petition on the applicant's behalf, and the employer must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) for Certification to confirm that they will pay the applicant the same wage as other qualified workers.

 

It is important to dispel common myths about H-1B visas and provide accurate information to potential applicants. One such myth is that foreign workers take away American jobs. However, this is not true since H-1B visa holders are skilled professionals who fill critical roles in areas where there is a shortage of US workers with the required skills. Another myth is that there is a cap on the number of H-1B workers a US employer can hire. While there is a cap, certain categories of workers are exempt from it.

 

Moreover, the increase of salary in H-1B jobs is higher than other jobs, which contradicts another myth that H-1B visa invites cheap labor market. The program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit.

 

We certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration, and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.

• Language: English
• Publisher: Law Offices of Brian D. Lerner, APC
• Release date: Nov 24, 2023
• ISBN: 9781958990414

Book preview

H-1B Specialty Occupation Visa

Having a college degree and getting the most popular work permit - the H-1B

Brian D. Lerner

Text Description automatically generated

ATTORNEY DRAFTED IMMIGRATION PETITIONS

By

Brian D. Lerner

Attorney at Law

All rights Reserved . The petition/application enclosed herein may be altered or reproduced in any way the reader deems fit to meet the special requirements of his or her situation. However, no part of this publication or the information regarding the Law Offices of Brian D. Lerner, APC may be submitted to any Immigration Agency or any other agency of the Government. Attorney Brian D. Lerner does not give authorization to use his name or office in any way when submitting the revised petition or application to the Government.

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