H-1B Specialty Occupation Visa

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H-1B Specialty Occupation Visa Attorney

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The H-1B specialty occupation visa is intended for individuals who work in positions that require an advanced educational degree such as a master’s degree, a doctorate, or an equivalent degree or accreditation. In addition, certain other individuals may be eligible for this type of business visa, including people who are engaged in government-to-government research and development or who are involved in certain types of projects through the United States Department of Defense. The H-1B visa is also provided for fashion models who have achieved a level of distinguished merit and ability in the field.

Who is Eligible for H-1B Visa?

To be eligible for an H-1B specialty occupations visa there are requirements for the occupation as well as the applicant.

The applicant must meet 1 of the following:

  • Have a bachelor’s degree or higher as required by the position from an accredited college or university
  • Have a foreign degree that is equivalent to a bachelor’s degree or higher from the U.S. as required by the position
  • Have certification or unrestricted state license that authorizes the applicant to engage in work that is required by the specialty occupation.

If the applicant does not have a bachelor’s or master’s degree, they may qualify if they have at least 12 years of specialized experience.

The requirements for the employer:

  • The position requires the application of specific, highly specialized knowledge.
  • The occupation requires a minimum attainment of a bachelor’s degree or higher for entry to the U.S.

The specialty occupation itself must also meet 1 of the following:

  • The minimum degree required for the position is a bachelor’s degree or higher, or an equivalent.
  • The required degree is a standard requirement that is common in that industry or the job is so complex that only a person with a specific degree can do it.
  • The employer typically requires a degree or the equivalent of it for the position.
  • The duties are so specialized and complex that the knowledge needed in order to do the job is associated with the attainment of a bachelor’s degree or higher.

Nonimmigrant Visa for Specialty Occupation Workers

The H-1B visa is a nonimmigrant visa; it is not for individuals who are coming to the U.S. for the purposes of taking up permanent residence with a green card and pursuing the path to naturalization and citizenship. Instead, it is only valid for a limited period of time. Before an individual may apply for a specialty occupation visa, he or she must be the subject of an approved Form I-129, Petition for a Nonimmigrant Worker, which has been filed by an employer who is sponsoring the application and is offering a work position to the prospective visa holder. Prior to filing the Form I-129, the employer must obtain a labor certification from the Department of Labor by demonstrating that the position cannot reasonably be filled by hiring someone out of the local labor pool.

Immigration Lawyers in Virginia, Washington, DC and North Carolina

At Fayad Law, P.C., we understand the importance of being able to carry out the entire process of applying for an H-1B visa with a minimum of difficulty and delay, and our Fairfax, Virginia immigration lawyers are prepared to work tirelessly to assist you. With more than 20 years of combined experience, we are capable of addressing any complications that might arise along the way and we will do everything we can to ensure that you or your future employee receive the H-1B visa as soon as possible.

Our goal is to help you and your business, so contact our firm today!

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What Sets Fayad Law, P.C. Apart?

As a boutique law firm, we make sure that every single case we handle and client we represent receives our personal attention. We limit our caseload to ensure our clients feel truly supported at every moment, from start to finish. Your best interests will always be priority – and that is our driving priority. We know that any type of legal matter can be overwhelming. We approach every case with compassion and dedication from start to finish because we know how much may be at stake for you. We bring more than 20 years of combined legal experience to the table, which gives our clients the legal knowledge and insight needed to successfully navigate various legal processes.

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FAQs - FREQUENTLY ASKED QUESTIONS

There are dozens of different types of visas available under the provisions of the Immigration and Nationality Act (INA), but they can all be placed in one of two categories: immigrant and nonimmigrant visas. The former is for individuals who are hoping to establish permanent residency with a green card and perhaps even to pursue the path to naturalization and citizenship. The latter is for those who are only planning a temporary visit to the United States, such as for the purpose of conducting business or attending school.

The INA sets limits on the number of people who will be permitted to immigrate to the United States each year using certain types of visas, while other visas are unlimited. Family immigration visas for the immediate relatives of U.S. citizens are available on an unlimited basis, while there are annual quotas set for the relatives of lawful permanent residents and extended family of citizens, with a maximum quota of 480,000. The number of employment immigration visas is limited to 140,000 per year.

Pathways to citizenship include service in the United States military and adoption, but a large percentage of all people who become citizens do so through the process of naturalization. The basic qualifications for naturalization include:

  • Living in the U.S. as a permanent resident for 5 years (or 3 years for a spouse of a U.S. citizen)
  • Being at least 18 years of age
  • Living within the state where you will apply for citizenship for at least 3 months prior to the application date
  • Being physically present in this country for at least half of the past 5 years
  • Maintaining continuous residence in this country from the date you submit your application for naturalization
  • Being able to read, write and speak English
  • Have a basic understanding of U.S. government and civics

It is also necessary to supply evidence that you are a person of good moral character and are attached to the principles of the U.S. Constitution. We can assist you with proving these factors, as well as preparing your petition and helping you get ready for the tests.

In June of 2012, the Obama Administration directed the Department of Homeland Security (DHS) to begin applying a policy that is referred to as Deferred Action for Childhood Arrivals (DACA). Under deferred action, DHS is exercising discretion in its execution of the laws concerning deportation and removal of immigrants who are illegally present in the United States. Deferred action is not a change to the existing law, but is instead a change in the way that the law is being applied. You may qualify for relief under DACA if you were younger than 31 years of age on June 15, 2012, came to the U.S. before your 16th birthday, have continuously resided in this country since June 15, 2007 and are either currently in school or have already graduated from high school or earned your general education development (GED) certificate, among other criteria. With deferred action, you may be able to avoid being deported, though it does not grant any change of immigration status.

In its review of immigrant visa petitions, the U.S. Citizenship & Immigration Services (USCIS) weighs factors related to the ties that the prospective immigrant has in the United States and the reasons why he or she wants or needs to come to live in this country. For example, a family immigration petition will not be approved unless the foreign national has immediate relatives such as a spouse, mother or father, child or sibling already living here as a citizen or green card holder. An employment immigration petition is more likely to receive approval if the applicant has a job offer in this country and is coming to fill a position that cannot reasonably be filled from the local labor market. A foreign national who is fleeing persecution in his or her home country may be granted an immigrant visa as a refugee or asylee.

There are many strategies for challenging a removal action. If the proposed deportation is based on a criminal conviction, it may be possible to appeal the conviction in order to have it overturned. Another option is to petition for cancellation of removal, a type of immigration relief which is available to people who are of good moral character and whose deportation would subject a family member who is a citizen or permanent resident to extreme hardship. The key to success in stopping deportation is to take immediate action by hiring a Virginia immigration attorney from our firm as soon as possible. Contact us now at Fayad Law, P.C. for a confidential consultation and to let us get started on your case!

Fayad Law, P.C. maintains offices in Richmond and Fairfax, Virginia. We work with individuals, families, and businesses across the world, providing them with assistance in resolving the legal issues involved with helping their loved ones and employees to immigrate to the United States. We work directly with foreign nationals living abroad, guiding them through the process of obtaining immigrant and nonimmigrant visas for entry to the U.S.

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We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

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Have questions about your rights? Ready to discuss your immigration case? Contact Fayad Law, P.C. now.

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