The H-1B visa is the ultimate option for professionals with the great American dream. For the unversed, the H-1B visa allows employers in the US to hire foreign national professionals, when they cannot find Americans for the same role. Businesses have often claimed that the H-1B visa is too constricting, although there are labor organizations with other opinions. When it comes to hiring foreign nationals, many businesses prefer to work with a skilled Dallas H-1B visa attorney, so that they don’t have to spend time understanding complicated immigration formalities. Here’s more on the H-1B visa.
Steps to follow
The H-1B visa is an employer-sponsored visa, so most of the work must be done by the employer. Steps include –
- Filing Labor Condition Application. The Labor Condition Application must be filed with the Department of Labor, where an employer will show that they have adhered to the requirements of the visa program. They must also attest that equally qualified Americans were not available for respective roles. The employer must also attest that the pages to be paid to the foreign worker is equal to the prevailing wage.
- Petition for a Nonimmigrant Worker (Form I-129). Once approval for the Labor Condition Report is received, the employer needs to file a Petition for a Nonimmigrant Worker (Form I-129) with USCIS. This is where a lot of documentation and paperwork will be needed, to be completed online. As the employer, the business must also pay the necessary petition fee, and one company can file as many as 250 petitions in a year.
- Filing for H-1B visa. Once the approval is received for the petition, the worker can file for an H-1B visa.
Hiring a lawyer
Businesses prefer to work with visa attorneys, because they don’t want to be bothered by the formalities. Most attorneys deal with immigration issues on a regular basis, and they know how and when to point at mistakes that are likely to impact an application or petition. You can expect your visa attorney to be available for all questions, and they can also guide further on how the prospective employee can clear the interview in their home country and other relevant aspects.
Yes, hiring an attorney does add to the cost of visa and hiring an employee, but their expertise and skills cannot be denied or ignored. When you want to ease the immigration process for your business, a visa attorney is your most reliable resource.