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How To Obtain An H-1B Work Visa

Employers are always looking for the best talent, and sometimes, the best person for a position is a foreign worker who needs an employment visa. Our firm, Schwartz Posel Immigration Law Group, assists overseas professionals and the companies who sponsor them in obtaining H-1B visas, a nonimmigrant visa that allows American companies to benefit from skilled specialists in their professions, no matter their country of origin. We are based in Atlanta, but we consult with employers throughout Georgia, the United States and across the globe.

How The H-1B Visa Program Works

The H-1B visa provides legal access to work in the United States for foreign professionals in specific “specialty occupations” who have completed the equivalent of a United States’ bachelor’s degree. Some general information about the H1B program is listed below. However, please contact one of the attorneys at Schwartz Posel Immigration Law Group to get specific information about your situation.

  1. An employer who wishes to hire a foreign worker who has never held H-1B status before may apply beginning on April 1 of a calendar year, and the worker, if approved, may begin working on Oct. 1 of that same year.
  2. An H-1B visa is generally valid for three years and may be extended up to a total of six years, with some exceptions noted below.
  3. Once a worker obtains H-1B status, a new employer may file a change of employer petition on behalf of the worker without having the filing deadline limitations as described above.
  4. The spouse and children of an H-1B visa holder may qualify for H-4 dependent visas.

Caps On The H-1B Visa Program And Exceptions

The federal government only accepts a limited number of H-1B visa applications each calendar year. If the cap for visa applications is exceeded, the United States Citizenship and Immigration Services agency (USCIS) places the petitions into a visa lottery to determine which ones to consider. Applicants whose petitions are not accepted may reapply in future years.

Certain employers — such as nonprofit and government research organizations, or institutes of higher education — are exempted from the cap on H-1B visas. Our firm’s attorneys can help your company navigate the visa application process and comply successfully with all requests from the USCIS.

Let Us Advise You On Your Employment Visa Questions

Your business is too important to leave crucial hiring decisions to chance. To speak with a lawyer from our firm about employment visa issues, call 770-951-1100 or contact us via our online intake form.