Omaha H-1B Visa Lawyers
How to Work in the U.S. Temporarily
If you belong to a specialty occupation, then you might be able to use your work experience as an opportunity to temporarily enter the United States with an H-1B visa. Carlson & Burnett would be happy to explain the details of an H-1B visa to you, including if there might be better alternative immigration tools to use. Our law firm is located in Omaha, but we can assist individuals and employers throughout Nebraska.
Get the details of H-1B visas from trusted attorneys. Dial 402-403-4358.
Should You Use an H-1B Visa?
As an employment-based immigration option, H-1B visa petitions are filed by employers on behalf of a chosen employee. Individuals can still inquire about using an H-1B visa to enter the country, though. We would be happy to see if we can assist you and your sponsor-employee move through the legal processes with ease.
Who can use an H-1B visa?
- Anyone in a specialty occupation who can fulfill a role left empty after a U.S. employer has advertised for the position;
- With at least a Bachelor’s degree or higher;
- With a job offer from a U.S. employer sponsor.
People who are entering a specialty occupation are usually expected to have a relevant bachelor’s degree or higher. Persons with higher degrees including Master’s or Ph.D.’s are more likely to receive a visa under the current lottery system, although there are still thousands of visas available even for Bachelor’s level candidates. The sponsor-employer must offer you a fair wage amount for your work and demonstrate that there are no other available American workers through an advertising process scrutinized by the Department of Labor. Most H-1B visas also will have to pass through the H-1B lottery process, which selects from the larger pool of applicants at random.
H-1B Visas Could Be a Starting Point for Permanent Status
People who enter the country with an H-1B visa can stay for three years as long as they continue to work in the field or project relevant to their initial petition. If your employment ends early because your employer terminates you, then they can be held accountable for any costs to help return you to your home country.
It is possible to renew an H-1B visa. Renewals can continue after the PERM or the permanent employment petition is filed and approved and until that new visa is ready. Many utilize the H-1B process as a stepping stone to permanent status.
Act Quickly to Avoid Visa Caps
Please keep in mind that there are visa caps or quotas that limit the number of H-1B visas issued each year. The number is controlled through the H-1B lottery system. You would likely be surprised how quickly the yearly cap can be reached as specialty work demands increase. The timing of these petitions is also critical. Pre-filing work must be completed by certain deadlines to be eligible for pursuing an H-1B lottery petition.
Allow Carlson & Burnett to help you as an employer or an immigrant make the most of the H-1B visa program. With our years of experience leading the way, you can use a petition before the yearly cap is met.
Contact us at any time to start your case. We are always happy to hear from new clients to see how we can help them seek gainful employment in the U.S. or to help their companies with new talent.