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Specialty Occupation (H-1B) Visa

Immigration Attorneys in Los Angeles, Lawyer, Lawyer, Attorney > Employment Based Green Cards > Specialty Occupation (H-1B) Visa

Professional positions (i.e. computer specialist, engineers, health professionals, etc…) can be filled for a temporary period by a person who has a bachelor degree or the equivalent experience. Visas are issued for 3 years and can be extended for an additional 3 years for a maximum period of 6 years. In some situations H-1B status can be extended beyond 6 years in one-year increments. The Citizenship & Immigration Service reviews the petition from the sponsoring employer after a Labor Condition Application has been approved by the Department of Labor. In the Labor Condition Application the employer indicates that it has met the conditions of offering the prevailing wage and working conditions. A limit of 65,000 individuals can apply for the H-1B visa each year. This limit does not include individuals who have already obtained H-1B status and are extending their stay in the United States or changing employers. Spouses and unmarried children under 21 years of age of the principal applicant may be granted H-4 visas to remain in the United States. Due to the high demand for this visa category it is important that application are prepared early in the fiscal year (October through April). If the limit on visas is close to being reached, alternative working visas must be considered. A professional who is already in H-1 status can usually begin working at a new sponsoring employer as soon as a new petition has been filed with the Citizenship & Immigration Service.

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