The H1-B visa is one of the most popular programs for foreign nationals who wish to work in the United States, providing temporary employment authorization for researchers, scientists, and other highly skilled individuals. Because H1-B visas are reserved for a certain category of worker, applicants are subject to strict criteria and must navigate a complex process to gain approval. Here are some of the most common questions H1-B lawyers receive about gaining legal status to work in the US.

FAQ About H1-B Visas

Do I have to have a job offer before applying?

Yes, having a valid job offer from a US employer is a prerequisite for successfully gaining H1-B status. In fact, the petition itself must be prepared by the employer who wishes to hire you, although you will still need to provide proof of eligibility.

What are the criteria for obtaining an H1-B visa?

To qualify, applicants must at least have a bachelor’s degree from a US university or equivalent credentials from a foreign institution. In some cases, USCIS will consider relevant work experience in lieu of formal training.

What if I want to change employers?

Taking advantage of another job opportunity while working on an H1-B visa requires a transfer authorization from USCIS. This process is similar to filing your initial petition, although transfer requests are not subject to the annual cap and don’t have to be selected by lottery.

How will an H1-B lawyer help?

Understanding the intricacies of US immigration law is crucial for achieving the best possible outcome. Your H1-B lawyer will ensure that all documentation is filled out and submitted correctly, help you prepare for any interviews, and prevent common mistakes that may cause your petition to be denied.

Whether you’re applying for a temporary work visa or pursuing citizenship, the immigration attorneys at Berd & Klauss, PLLC has the expertise to help you successfully navigate the process. From their offices in New York City, they’ve clients from around the world through the complex and confusing US immigration system. Visit their website for an overview of their services or call (212) 461-7152 now for a consultation with an accomplished NYC H1-B lawyer today.