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H-1B Visa

H-1B Visa Lawyers in Milwaukee, Wisconsin

When you are offered a job in the United States, you naturally want to take advantage of the chance. It can be a significant step forward in your career.
But, can a foreign national legally work in the United States? Yes! You can grab the opportunity by securing an H-1B visa.

At Miller & Miller Immigration Attorneys, we only want what’s best for our clients. We have exceptional immigration attorneys who have braced the complexities of immigration law to fulfill each client’s dream.

Why do I need a Wisconsin H-1B Visa Lawyers?

Immigration law and regulation in the United States might be challenging since some terms are unfamiliar to those without any law background. Notably, some immigrant and nonimmigrant visas have qualifications and requirements that can be confusing, including those for an H-1B visa.

Its complexities include knowing what kind of job is qualified to be called a specialty occupation or the eligibility that an employee must have. It warrants the need to enlist an experienced immigration attorney that can provide easy-to-understand legal advice and effective legal services.
In addition, our Wisconsin Law Office also offers other legal services in the following practice areas:

When it comes to our clients, there is no immigration issue too big or too small for us to handle. Let’s talk about your H-1B plans today!


What is an H-1B Visa?

Several visa choices are available when a foreign worker is given a job in the United States. Among these is the H-1B visa.

An H-1B visa is a nonimmigrant visa for those who want to work in particular occupations covered by such visa classification. Generally, the H-1B visa is divided into three categories, which are as follows:

  • H-1B1: Specialty Occupations
  • H-1B2: DOD Researcher and Development Project Worker
  • H-1B3: Fashion Model

Keep in mind that each category has its own set of qualifications and requirements that one needs to fulfill, which are detailed further down in this article.

Furthermore, like every visa, H-1B has its own set of benefits, such as:

  • Working legally in the United States for a certain period of time;
  • Bringing your spouse and minor child with you (they will be placed under H-4 status);
  • Traveling in and out of the United States until your visa status expires;
  • Having your employer pay for your trip back home if you were dismissed before your visa status expires. However, you can’t avail such a thing if you were the one who quit your job.

If you are a foreign worker and have a job offer in the United States requiring a work visa, contact our Wisconsin h-1b visa lawyers, who can provide you with various legal services needed for your case.

How Long Can I Stay?

In general, you can remain for up to three years. That can be extended by three years at a time for a total of six years. Although the number of period extensions is limited, this rule has some exceptions.

Who Qualifies for an H-1B Visa?

As mentioned, the H-1B visa is divided into three categories. Each has its unique set of requirements. While the H-1B visa appears to be straightforward at first glance, there may be some difficulties with its standards, detailed below.

H-1B1: Specialty Occupations

Usually, this category is applied by people coming from professional occupations, such as information technology-related jobs, engineering, pharmacy, accountancy, and more. But what exactly do we mean by a specialty occupation?

A specialty occupation requires the application (theoretical and practical) of a body of highly specialized knowledge to enable you to perform the job. A specialty occupation must also have a minimum requirement of a bachelor’s degree or higher, or its equivalent.

For a job to be considered a specialty occupation, it must meet one of the following:

  • A degree (bachelor’s or higher, or its equivalent) is typically required as an entry-level requirement for the job.
  • A degree is common in comparable jobs in the industry.
  • The company usually requires a degree for employment.
  • The job duties “are so specialized and complex” that a bachelor’s degree is typically required to perform them.

If you want to be 100% sure you are qualified, call our Milwaukee H-1B visa lawyers to assess your eligibility.

H-1B2: DOD Researcher and Development Project Worker

Basically, this category is for foreign nationals looking to perform exceptional services related to a cooperative research and development project administered by the Department of Defense.
To be eligible, you must meet the degree requirement (bachelor’s or higher, or its equivalent) in the occupational field where you will be conducting services. That can be satisfied by one of the following criteria:

  • You have a U.S. bachelor’s or higher degree from an accredited educational institution.
  • You have a foreign degree comparable to a U.S. degree from an authorized institution.
  • You have an unrestricted state license, registration, or certification that allows you to fully perform the job tasks and be immediately engaged in that specialization in the state where you wish to work.
  • You must have education, specialized training, or progressively responsible experience in the specialty equivalent to completing a bachelor’s or higher degree in the United States, and you must have demonstrated skill in the specialty via progressively responsible jobs directly connected to the specialization.

H-1B3: Fashion Models

As the name suggests, this is for fashion models who will be performing services in the United States. The position/services must necessitate a prominent fashion model, which implies you must be a fashion model of exceptional competence.

How Do I Apply for A H-1B Visa?

If you are an employee, you should first know that your employer will function as the petitioner, which means that they will be heavily involved in the application process. Nonetheless, you must understand the whole procedure for you to be guided.

Step 1: Your Employer Must Submit Labor Condition Application (LCA)

An LCA is similar to a sworn statement or written oath taken by the employer attesting to their compliance with particular labor requirements. If they are not followed, the employer may be penalized or barred from supporting any nonimmigrant or immigrant visa application.

Remember that your employer must apply for an LCA at the Department of Labor. This condition only applies to people seeking an H-1B under specialty occupations and fashion models.

Step 2: Your Employer Filed for a Petition

After obtaining a certified LCA from the Department of Labor (DOL), your employer must complete and file Form I-129. That is often known as the ‘Petition for a Nonimmigrant Worker.’

They must submit the form and all required documentation to the relevant USCIS service center, which may be found on the USCIS’ I-129 Direct Filing Chart website.

It is critical to understand that before you can begin, those cap-subject H-1B visa petitions, you must first undergo an electronic registration process. USCIS will use the information provided by your company in the registration to evaluate if your petition is subject to a cap.

Step 3: Applying for a Visa Outside the United States

When you are applying outside the United States, you will have to go through consular processing. That means you will have to apply through the U.S. embassy. You can only apply at the embassy after USCIS approves your Form I-129.

The USCIS will send you Form I-797B (Notice of Action) notification, which you must present at the embassy. From there, the embassy officers will walk you through the process. It may differ depending on the embassy. It’s better to visit your local U.S. embassy and ask about the process.

If you need someone to walk you through the entire process, consider calling our Milwaukee h1-b visa lawyers, who have handled cases just like yours.

Don't Let This Employment Opportunity Pass You By - Call our Milwaukee H-1B Visa Lawyers Now!

Our law office is here to assist any foreign worker who wants to get an H-1B visa. Our Milwaukee immigration lawyer is well-versed with the ins and outs of the immigration process. They can walk you through the procedure and ensure that everything goes well.
Let us make your dream come through. Talk with us today by scheduling a consultation!

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