H-1B visa applications can be extremely complicated and tens of thousands of applicants are rejected every year. It is important that you get the necessary resources on your side to be successful with your H-1B application.
Through the aid of a Texas H-1B visa lawyer at Peek Toland & Castañeda PLLC, you can pursue the career you want without restrictions. By calling (512) 474-4445, you can start your case off with an in-depth consultation from a highly experienced Austin immigration law attorney.
According to the Characteristics of H-1B Specialty Occupation Workers report, the number of H-1B petitions filed in the year 2012 increased by 15 percent from 267,654 in the year 2011 to 307,713. The number of petitions approved, however, decreased by three percent.
The majority of approved H-1B petitions (72 percent) were for workers aged 25 to 34. About 46 percent of H-1B applicants who were approved had a bachelor’s degree, 41 percent had a master’s degree, and eight percent had a doctorate.
Before applying for an H-1B Specialty Occupation Worker Visa, you will have to determine if the job is considered a “specialty occupation.” In general, a position can qualify if it requires a bachelor’s degree or higher. You can prove the complicated nature of the position by showing how parallel positions require a degree or how your potential employer normally requires a degree for the position. Fields that require highly specialized knowledge include, but are not limited to, engineering, architecture, mathematics, medicine, law, physical sciences, chemistry, and biotechnology.
Once you have shown that the job meets the standards for an H-1B visa, you will have to prove that you:
- Hold a U.S. bachelor’s degree or higher in the appropriate field;
- Hold a foreign degree in the appropriate field that is the equivalent to a U.S. bachelor’s degree or higher;
- Have a license or permission to practice the occupation you seek; or
- Have the education, experience, and training necessary to perform the job.
How Long You Can Stay
You cannot stay in the United States on a work visa indefinitely. The standard duration of stay is three years, but that is typically extendable to six years. Individuals can apply for and receive extensions on their visa, but the maximum duration of the H-1B visa is 10 years.
Only those with an exception from the U.S. Department of Defense can remain longer than 10 years on this visa. Many workers have to leave the country for one year before reapplying for another H-1B visa. It is important to understand these types of limitations and regulations because your visa can be revoked. Anyone with questions regarding how to obtain a work visa and how to retain their right to work in the United States should seek out guidance from a knowledgeable Austin immigration lawyer who has experience handling cases similar to theirs.
Getting Ready for H-1B Fiscal Year 2016
United States Citizenship and Immigration Services (USCIS) will accept H-1B petitions starting from April 1, 2015. Qualifying employers should start planning for recruitment and salary negotiations as soon as possible. If you have any questions, contact Peek Toland & Castañeda PLLC for immediate assistance.
Finding Success in Complicated Visa Applications
The Austin visa attorneys at Peek Toland & Castañeda PLLC have the years of success needed to help you in your case. With our help, you can avoid complications that could endanger your rights and wellbeing. For more information, call (512) 474-4445.