Tuesday, January 14, 2014

Do you need a lawyer for H1B Visa Petition?

H1B is well-known way to start a life in USA after school. while H1B season is around the corner, more new graduates are looking into DIY tips for H1B. This article tends to provide some tips of this sort yet will arrive at the conclusion that H1B is not as easy as other people say and a professional help is must. 

The H-1B visa category is for noncitizens who will work in the United States in a "specialty occupation," The "specialty occupation" refers to jobs for which the usual requirement is a U.S. bachelor's degree or the equivalent in a specific field and for which the foreign national employee has a relevant degree or the equivalent. There is a cap of 85,000 visas for first-time applicants each federal fiscal year, which runs October 1 to September 30.

Other features of H1B include that the employer must pay the H-1B employee the higher of the actual wage or prevailing wage and When the H-1B employment ends, the employer must notify USCIS and have the petition revoked. As long as the H-1B petition remains in effect, the employer must pay the worker's wages.

The requirements are straight forward, However, the burden of proof is on the petitioner and the burden is nothing but light. For jobs such as accounting, engineering, and many information technology professions, it's clear that the applicant needs a specific bachelor's degree to get the job. For other jobs, it's less clear. For example, marketing and sales jobs often present challenges in the H-1B visa category, because employers typically accept a wide range of degrees. For example, Sales Representatives might have degrees in business, marketing, psychology, history, communications, political science or other fields. This makes it difficult to demonstrate that a specific bachelor's degree is required.

It takes great knowledge of inner training of USCIS to understand how to be persuasive to prove this aspect of requirements alone, needless to say, when any minor complication is involved, an experienced immigration lawyer’s help is absolutely necessary. You are welcome to contact us at 954 892 5517 if you have any questions.