Foreign nationals can work in the United States by getting a work permit called the H-1B visa. They should work in a field that requires specialized knowledge for which a company can’t find a U. S.-based worker. An American company will sponsor the foreign worker as well as pay the visa fees and submits the required paperwork on behalf of the applicant. The visa is initially valid for three years; however, it can be extended up to six years. 

Foreign nationals who want to apply for an H1B visa position in the United States may be wondering if they have to work with a Business Immigration Attorney in Dallas. Although this is not a requirement, it could be helpful for the foreign worker and the sponsor to have legal assistance to prepare and file the H1B visa petition. 

Eligibility Requirements

To be eligible for the H-1B visa, a worker should have a bachelor’s degree or master’s degree, a degree requirement for the job, and deep knowledge in the field. Also, they should do work that requires a professional in a specialty occupation. The employer should show the lack of qualified U. S. applicants for the position. Some of the specializations include journalism, engineering, business, medicine, law, and research. 

The Application Process

A foreign worker should look for an American sponsor before they can apply for an H-1B visa. Once they get the job, their employer will start the application process. The first thing they should do is to submit the Labor Conditions Approved or LCA to the Department of Labor (DOL) online using the iCERT Portal System. 

The LCA should contain the employer’s assertion to the government that they will get a wage that is either equal or greater than the prevailing standards for the position in the area they will do their work. Also, the sponsor has to attest that the working conditions won’t harm any employee. 

When the LCA has been approved, the employer will need to file the Petition for a Nonimmigrant Worker, Form I-129. This should include fees, training certificates, education and experience evaluation documents, confirmation letter, applicant’s resume, and letter of support. The application should visit the U. S. embassy or consulate of their home country to complete the process. Usually, this takes 2-3 days, depending on the location.