Dallas H-1B Visa Attorneys
Pursue a Work Visa for Highly Skilled Employees
Are you seeking an H-1B employment visa? Are you a business sponsoring an employee who needs an H-1B visa? Our attorneys can walk you through every aspect of the H-1B petition process, including understanding the requirements, filing a petition, and remaining compliant.
What Is an H-1B Visa?
An H-1B visa is a non-immigrant visa in the United States. It makes it possible for U.S. employers to temporarily hire workers from other countries to perform specialty occupations.
There are several requirements you must meet in order to apply for an H-1B visa:
- You must have an employer/employee relationship with a petitioning United States employer. A valid employer who can hire, fire, supervise, or otherwise control the beneficiary's employment must petition for the visa.
- The job must be in an occupation that requires a degree or a specialty skill.
- You must be able to demonstrate that your education, skill, or specialty is required to perform the job.
- Financial compensation for the position must be equal to or greater than the prevailing wage for the specific occupation in the geographic area of intended employment.
- There are only 85,000 H-1B visas available each year. If all 85,000 have been filled, you will not receive one.
- You cannot sponsor yourself as an employer and employee.
It is important that you consult with an attorney who is experienced in U.S. employment immigration law before filing petitions or applications with the government. At Davis & Associates, we have experience in helping clients successfully navigate the H-1B visa and other business immigration processes.
H-1B & Laid Off?
In these troubled economic times, employers are having to take drastic steps to survive. This means that some H-1B nonimmigrant visa holders may find themselves without a job and looking for answers.
The first thing you should know as an H-1B nonimmigrant is that your employer is required to pay your way home if you are terminated. That does not mean you can walk into the CEO’s office and demand the cost of a plane ticket home in dollars. But if you are leaving the U.S., your employer is required to pay your way home. Have them review the H-1B Petition and Labor Condition Application – which they signed and submitted – very carefully, and they will see that they agreed to do this at the time of filing.
If your H-1B petition was “cap subject,” meaning that you had to qualify for the approval through the lottery selection system when your original petition was filed, then you have the right to transfer that petition to another H-1B employer. There are some limitations to transferability, but the bottom line is that you have options. Consult with our H-1B lawyers in Dallas to learn more.
Reach out to us today at (214) 999-1942.