H-1B Visa Elevating Immigration Solutions with Experience, Diversity, and Cutting-Edge Technology

H-1B Visa: Person in Specialty Occupation

Dallas Lawyers Serving Clients Nationwide

H visas are often the preferred choice for most professional companies who want to temporarily bring in professionals with specialized knowledge, although there are yearly limits on the number of visas available[1].

These visas must be obtained through the worker's prospective employer, who must file a petition with the U.S. Citizenship and Immigration Services (USCIS). An employer must obtain a labor condition application as a part of the visa process.

Learn more about how we can help you by contacting us online or calling (844) 299-5003 today!

Who is the H-1B visa for?

H-1B Visas (Person in Specialty Occupation): The professional must be hired in a specialty occupation that requires a Bachelor's degree or higher, or its equivalent. Examples of specialty occupations for H-1B visas include engineers, architects, lawyers, physicians, and other professional positions.

What Are the Requirements for H-1B Visa?

To apply for the H-1B visa, the applicant and the circumstances must meet the requirements. To be eligible, these requirements must be met:

The applicant has a bachelor’s or master’s degree, or the foreign equivalent
The applicant must have a deep, thorough knowledge in the required field.
The employer must show that there is a lack of qualified applicants in the United States.
The degree needed for the position is a typical requirement for it.
The position must require a professional or those in a specialty occupation.

How Long Can an H-1B Visa Holder Stay in the U.S.?

H-1B visa holders can stay in the country for a maximum of 6 years. H-1B visa holders are also allowed dual intent, which allows them to apply for legal permanent residency while entering the U.S.

H-1B Specialty Occupations

There are certain requirements that must be met in order for an individual to qualify as a worker with a “specialty occupation.” Some of those requirements include[2]:

The job must meet at least one of the following:

Must have at least a Bachelor’s degree (or equivalent);
Degree must be common to the industry, or job’s complexity requires it to be performed only by someone with a particular type of degree;
It is common for the employer to require someone with this type of degree for this position;
The complexity of the position is most often associated with someone who has obtained at least a Bachelor’s degree.

The applicant must meet one of the following:

Has obtained at least a Bachelor’s degree from an accredited U.S. college or university;
Has obtained a foreign degree that is the equivalent of a U.S. Bachelor’s degree or higher;
Has obtained a certification authorizing them to practice the specialty occupation;
Has education or training that amounts to the equivalent of a degree.

How to Petition for an H-1B Visa

To petition for an H-1B Visa, the employer must complete several forms, pay fees, and provide evidence. The employer must complete this for U.S. Citizenship and Immigration Services (USCIS).

Submit a Labor Condition Application (LCA) with the U.S. Department of Labor Employment and Training Administration (ETA). The LCA is valid for 3 years of employment.
After the LCA is approved, the employer must file a Form I-129, Petition for Non-Immigrant Worker. Make sure to complete the related Supplements.
Submit the Filing Fee(s). Follow the instructions per Form I-129.
Submit evidence and all supporting documentation to prove the applicant’s education and relationship to the employer. This includes educational history, experience evaluation, training certificates, resume, employment agreement, etc.
Sign and file the Form I-129. Make sure you file it at the correct location according to the instructions on the form.

The filing fee is generally $460, however, additional fees may be applicable depending on your nonimmigrant classification. The processing time can be up to 3 to 4 months.

What Happens After You Apply for an H-1B Visa?

Your application will be processed when it is received by U.S. Citizenship and Immigration Services (USCIS). When it is approved, the applicant must process their visa at their home country’s US embassy or consulate. This may take 2 to 3 days but may be different depending on where it is being processed. The immigrant and employer will receive:

A receipt notice for the Form I-129
A notice for a biometric services appointment date.
A written notice of the decision.

Contact an H-1B Visa Lawyer Today

Akula & Associates has been handling H visa filings for years and can assist you through the process. Visa filings are notoriously complex and processing can take time. Entrust the details to an experienced immigration and visa law firm like ours.

Contact our firm at your earliest convenience by calling (844) 299-5003.

Resources:

[1] https://www.uscis.gov/working-united-states/working-us

[2] https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

Continue Reading Read Less

Get to Know Us Our firm is committed to helping you navigate immigration law.

Learn More

A Reputation of Excellence Our Success

"...Highly recommended and great law firm."
I just want to take a moment and personally thanks Kavitha & Akula Law Firm for helping me out and getting through my complicated I140 case. It was a impossible case which Kavitha made it possible. As usual Kavitha's expertise has been phenomenal. I am very grateful to her. Because of her experience and professionalism in filing the I-485 it didn't even trigger an RFE or an interview request, it was a direct approval. And having Ambreen and other expert counsel members are really great to work with. They are prompt and very helpful. Ambreen, is so wonderful and have dealt so patiently and promptly with me during my I485 and the efforts she have put towards my application was at par. I was fortunate to work with Ambreen during this filing period. Highly recommended and great law firm.

- Mohmmed K.
"I have nothing but good things to say about our experience with your firm."
Just a quick note to let you know how pleased we were with the services we received from your law firm. Akula & Associates provided us with an amazing, valuable resource and experience. I have worked with numerous law firms in my 10 year as a business owner but the experience with your firm was professional and personal. Frankly speaking, you and your staff were available, down to earth, and cut through a lot of the B.S. lines. I have nothing but good things to say about our experience with your firm.

- Ramesh M, President – Vertucom Inc.
"Awesome service, excellent follow up, very quick and affordable"
Awesome service, excellent follow up, very quick and affordable, professional, prompt. Ansreen Aijaz Ali was my representative, highly satisfied with her response and service, will surely recommend.

- Shahab Q.
"They have been responsive to all our queries and successfully handled our cases"
My Experience with Akula for my Cases (personal and business both) has been excellent

- S B.
"Timely response, dedication towards the work"

We are an IT consulting firm. Kavitha helped us to get critical H1 case approvals and saved employees from running out of status which leads them to travel to their home country permanently. Timely response, dedication towards the work, having proper immigration knowledge, solving cases with logical thoughts, and the best team are the positives. Thanks!

- Zuven Technologies
"Kavitha is the best immigration attorney in the entire country."
Kavitha is the best immigration attorney in the entire country. We chose Kavitha to represent us after I met her and realized how very knowledgeable she is. She and the firm provided great service, were very professional and used technology very well. I just wanted to say, THANK YOU for a job well done; you are great Kavitha!!!

- Sateesh
"Your expertise and diligence have been instrumental in navigating our complex case with efficiency and effectiveness."
Your expertise and diligence have been instrumental in navigating our complex case with efficiency and effectiveness.

- "T" Family
"I highly recommend to work with these 2 amazing professionals."
shout out to Attorney Shirin Rahmani and Christie Savivanh for working on my case and getting it through. I highly recommend to work with these 2 amazing professionals. They guided me on every step of my case for employment based GC.

- Usman S.

View All Reviews

Contact Us

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Akula & Associates P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Choose Excellence, Choose Akula & Associates for Your Immigration Needs

Cutting-Edge Technology
We leverage advanced technology to provide efficient, real-time updates and secure client accessibility, making your immigration journey smoother and hassle-free. Your convenience and progress are our priorities.
Diversity and Multilingual Support
Our multicultural and multilingual team ensures that we understand your background, culture, and language, creating a welcoming and inclusive atmosphere that simplifies the immigration process.
Decades of Expertise
With over 30 years of global business and industry-specific immigration law experience, our seasoned team is dedicated to delivering successful immigration solutions tailored to your unique needs.