Schwartz Posel Immigration Law Group
Phone: 678-813-1936

Understanding the employment visa process

When a foreign worker has an exciting employment opportunity, they may need an employment visa to pursue that opportunity which is why it is important to understand what an employment visa is and the process for obtaining an employment visa. An H-1B visa in a nonimmigrant visa that allows an employer to sponsor and foreign worker to work in this country.

To qualify, the foreign worker must work in one of the designated specialty occupations and have obtained the equivalent of a U.S. bachelor's degree in their home country. H-1B visas are generally valid for 3 years and may be extended for up to 6 years with some exceptions. In addition, there are also important classifications and rules that may apply to children of the foreign worker so it is also helpful to be familiar with what those are.

There are timelines and time windows to apply so it is important to understand the employment visa process and associated timelines. It is also useful to note that the United States Government accepts a limited number of H-1B visas annually. Once the cap for the number of visas awarded annually is reached, a lottery is held for any further petitions that will be evaluated. Those who are not selected can apply in future years. In addition, certain categories of businesses and organizations may be exempted from the process.

Understanding the process to petition for an H-1B visa is important because there may be a lot riding on the petition and if it is granted or not. As a result, it can be useful to have trained guidance during the process to help obtain the needed employment visa.

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5500 Interstate North Parkway
Suite 450 RiverEdge One
Atlanta, GA 30328

Phone: 678-813-1936
Fax: 770-951-1113
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