Reid & Gaudett Law Group, LLP  The Law Office of Andrea R. Reid

Office:  1.413.737.1200

The Law Office of Andrea R. Reid
Immigration Law - H Visas
Find below the links to all of the area of Immigration Law that Attorney Reid offers...
B Visas Citizenship and Naturalization
H Visas Deportation and Removal
L Visas Family
R Visas Employment
U Visas Non-Immigrant Visas

Temporary Professional Workers H-1B Visas
H-1B visas allow non-citizens with highly specialized knowledge and skills to work inside the United States at a job that requires those specialized skills. The H-1B visa authorizes foreign workers to be employed by United States employers for three years, with a possible extension of three more years (maximum of six years). Under this visa, a potential U.S. employer must file an H-1B visa petition with the U.S. Citizenship and Immigration Services (USCIS). The foreign worker must perform services in a “specialty occupation,” defined as an “occupation that requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s degree or higher in the specific specialty as a minimum for entry in the occupation in the U.S.” Some examples of “specialty occupations” include accountants, computer programmers, fashion designers, graphic designers, journalists, ministers, and pharmacists.

By law, the United States allows up to 65,000 foreign nationals to enter the United States on an H-1B visa during each fiscal year. These slots can fill up very quickly; in 2006 the H-1B visa cap was reached just two months after USCIS began accepting applications. Speed and timing is critical when applying for H-1B visas.

The H-1B petition process has several steps. First, the foreign worker must be offered a job, which should be within the definition of a “specialty occupation,” from a U.S. employer. The employer must then file a Labor Condition Application (LCA) with the Department of Labor (DOL) to show that: (1) the employer will pay the H-1B workers the prevailing wage level for the occupation in the area of intended employment; (2) the employer will offer the same benefits package on the same basis to similarly employed U.S. workers and H-1B workers; and (3) the employment of H-1B workers will not adversely affect the working conditions of workers similarly employed in the area. After the DOL certifies the LCA, the U.S. employer files a nonimmigrant employment petition (petition for H-1B) with the USCIS. It is through this application that the U.S. employer must show that the alien will be employed in a qualifying specialty occupation and that the alien has the necessary qualifications for this position.

Other Categories of H Visas
Unlike the H-1B category, all other types of H visas require evidence of a residence abroad.  Upon expiration of the visa, the H visa holder must provide other evidence proving that he or she has departed from the United States. Please Contact our attorneys for more information about this type of employment visa.

H-2 Temporary Workers

H-2 visas allow non-citizens to work in the United States as temporary or seasonal workers. H-2A visas are for agricultural work, while H-2B visas are for non-agricultural work. Labor Certifications are required for H-2B visas.

H-3 Temporary Trainees

This visa accommodates Temporary Trainees who have been invited to come to the United States for the purpose of receiving training. To qualify for this visa, the applicant must provide evidence that the training he or she requires is not available in his or her home country. The H-3 visa may be valid for a period of up to 2 years.

At The Law Office of Andrea R. Reid, we focus on professionals who want to work in the United States for a maximum of 6 years. Such professionals would be classified as non-immigrants and would most probably require an H-1B visa. Our lawyers have more than 15 years of combined experience assisting individuals and businesses with complex immigration issues involving H Visas. Contact Attorney Reid by calling our office at (413) 737.1200 any time and she will get back to you quickly. We strive to turn around most cases in 24 hours.



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You should consult us or another attorney for individual advice regarding your own situation.

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