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H-1B Visa

H-1B Visa Lawyer in Paducah, Kentucky

Suppose you were offered a job to perform services for a specialty occupation or fashion model in the United States and are eager to pursue it. In such a situation, you should apply for an H1B visa, which will allow you to come and work in the country temporarily.

You don’t have to be concerned about the process since our immigration law firm has your back. We have helped hundreds of clients with immigration issues, from guiding them through the immigration process to representing them in front of an immigration court. Our lawyers have extensive immigration law knowledge that is useful for your visa applications.

Why do I need an H-1B Visa Lawyer in Paducah?

The advice of getting an immigration attorney may sound biased coming from a law firm. But enlisting the assistance of a visa attorney from a Paducah law office boosts your chances of getting approval from the USCIS. An experienced H-1B visa lawyer can help you navigate the complicated or confusing immigration process while avoiding mistakes early on. 

When applying for a visa to work in the U.S., you must prove that you have the proper qualifications. Such a task may be challenging if you are uncertain whether your degree or training is equivalent to that of a U.S. degree. 

Don’t let these worries overwhelm you. Our Paducah H-1B visa lawyers can provide exceptional and effective legal services to ease your burden. They have experience working with other foreign nationals who are pursuing the same visa as you. They have assisted them in navigating the visa application process and providing legal advice where necessary.

Whatever your legal needs or immigration case, we are here to offer the most efficient legal services.

h1-b visa lawyer

What is an H-1B Visa?

It is a nonimmigrant visa for a foreign national who has been offered employment in the United States for a specialty occupation, performing services for Department of Defense-administered projects or fashion models.

This visa has three categories, namely:

  • Specialty Occupations (H-1B)
  • DOD Researcher and Development Project Worker (H-1B2)
  • Fashion Model (H-1B3)

Moreover, it is an employer-sponsored visa, which means that U.S. employers will be primarily involved in the application process. However, this does not imply that the foreign national (referred to as the beneficiary) would just sit down. They will also be involved in the application process, particularly if they are going through consular processing.

Is There a Yearly Cap for H-1B Visa?

When we talk about a cap, we’re referring to the yearly restriction on the number of H-1B visas that USCIS grants. Yes, the number of H-1B visas is restricted yearly, implying that many people will likely be denied an H1B status.

There are, however, exceptions to the yearly cap. If you hold a U.S. advanced degree (master’s or higher), you will be considered for another set number of H-1B visas. Furthermore, you are exempted if your employers are from the following institutions:

  • Higher education institution
  • Nonprofit organization
  • Government research organization

Now, if you think you are exempted, you don’t need to worry. But, if you’re subject to the annual cap, you’ll have to go through a lottery to determine if you are eligible to petition.

You must first register a USCIS account to participate in the lottery program. Don’t forget to pay the registration fee and provide information about yourself and your employer.

Let our Kentucky employment immigration lawyer lend you a helping hand if you need someone to guide you through this.

What do I get as an H-1B Visa Holder?

Live and work. An H-1B holder can work in the United States under the employer who sponsored their visa. You can initially stay up to three years and extend for up to six years.

Travel in and out of the country. You can have multiple entry or admission to the United States as long as you have a valid visa. A CBP officer will check your visa upon your request for admission.

There’s a visa for your spouse and unmarried child (under age 21). Yes, you read that correctly. An accompanying relative of an H-1B holder can get an H-4 visa, which allows them to stay in the United States temporarily. In addition, the H-4 spouse may be granted work authorization under certain conditions.

Employers will assume liability for your return home transportation fee if they terminate you. When your employer fires you, they are liable for your return home transportation. That does not apply if you quit your employment, nor does it apply to your H-4 family.

Remember that these are only a few of your H-1B visa privileges. If you have any immigration concerns or legal issues, please contact our exceptional Paducah H-1B visa lawyer for assistance. Nothing is too big for us to handle! 

What Happens If My H-1B Employer Terminates My Employment?

If your H-1B job was terminated, you would have a 60-day grace period before leaving the country. You can change your status to another visa during this time.

If you cannot get another visa status for whatever reason, you must leave the United States since remaining in the country would constitute an unlawful presence. That may cause you trouble or legal implications in the future, especially if you plan to seek another visa.

If your employer terminated you from work and you want to know your alternative options to keep your legal status alive, consult our experienced Kentucky H-1B visa lawyer.

Can I Transfer From Cap-Exempt to a Cap-Subject Job?

Yes, under certain situations, you can change employers or work terms.

Unfortunately, you will be subject to the H-1B visa electronic registration or lottery scheme. That means there’s no assurance you’ll receive a slot immediately. In addition, your new employer must correctly submit Form I-129 for you to start working for them.

However, you can work in cap-exempt and cap-subject jobs at the same time. Those in the cap-exempt category typically do this. You won’t go through the lottery program as long as the cap-exempt job is still valid.

How Can I Qualify For an H-1B Visa?

The H-1B holds three categories for specific jobs. All have different requirements and eligibility to meet. 

Specialty Occupations (H-1B)

Most of the time, people under professional occupations are qualified for this classification. A foreign professional from engineering, information technology, architecture, and accountancy, among others, can be considered as having a specialty occupation.

According to a more technical definition, a specialty occupation requires “theoretical and practical application of a body of specialized knowledge” and getting a bachelor’s, higher degree, or equivalent as a minimum for entry into U.S. employment.

The job offered to you must have at least one of the following:

  • It must require a bachelor’s degree, higher degree, or equivalent.
  • The job’s responsibilities, duties, or complexities can only be performed by someone with a specific degree 
  • The degree is common in the industry in parallel positions.
  • It is usual for an employer to require a degree (or its equivalent) for the offered job. 

To qualify, you must have at least one of the following:

  • You must have a bachelor’s degree or higher from an accredited U.S. college or university.
  • You must have a foreign degree comparable to a U.S. degree (bachelor’s or higher).
  • You must have a license or authorization to perform services for the specialty occupation.
  • You must have relevant education, specialized training, or progressively responsible experience equivalent to a U.S. degree.

DOD Researcher and Development Project Worker (H-1B2)

This classification is for foreign workers offered a job under a DOD project or initiative. The job offered must require you to have at least a bachelor’s degree for you to qualify.  You must also have at least one of the qualifying conditions mentioned above for foreign workers under specialty occupation (not referring to job requirements).

The following must be attached upon applying:

  • A letter indicating that you are offered a job from DOD and will be working for one of their project or a co-production project. This can be obtained from the project manager.
  • A document outlining your project responsibilities and the days you will be working on it.
  • A statement listing the names and dates of employment of noncitizens working on the project in the United States. It must also contain the names of noncitizens who worked on the project but whose employment ended within the last year.

Fashion Model (H-1B3)

This category is reserved for those foreign fashion models with exceptional distinction and talent. That means that they must be well-known in the fashion modeling industry. You will need to demonstrate that you are a notable fashion model and are traveling to the United States to perform services as a prominent fashion model.

Having difficulty determining whether or not you are a well-known fashion model? Or are you an employer seeking an H-1B visa for a foreign fashion model? Let our H-1B visa lawyer from Paducah, Kentucky, ease your worries. The first thing they’ll do is assess your eligibility. They’ll guide you through the process and documentation based on your needs.

Call our Paducah H-1B Visa Lawyer Now! ing

H-1B visa applicants are sometimes confused about what steps to take first or what documentation they must present to their employers. You don’t have to go through this burden alone.

Having a lawyer on your side who has extensive expertise in managing immigration cases can help you every step of the process. It is preferable to have your own H1-B visa lawyer.  If difficulties emerge with your employer, you will have someone to advocate on your behalf. 

Every dream matters to us. Set up a consultation with us today!

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