The H1 visa program provides a pipeline of skilled, educated workers from across the world directly to the United States. This “dual intent” work visa system allows foreign residents that meet the qualifications to come to the U.S. and meet the demand for highly skilled workers.
While these visas are viable options for many foreign workers, the process can be challenging. One misstep can upend an application and ruin your prospects of working in the U.S. The good news is a work visa lawyer from Bogin, Munns & Munns could guide you throughout the process. You can reach out to a Kissimmee H1 work visa lawyer as soon as possible to discuss your options.
What Is a ‘Dual Intent’ Visa?
Foreign residents have various reasons to come to the United States. While some only intend to live or work in the U.S. briefly, others plan to relocate for a permanent stay. When applying for a visa, your intention to return to your home country or stay in the U.S. matters. In general, there are more roadblocks to overcome for anyone that hopes to immigrate to the U.S. compared to those who will eventually return home.
Applicants for visas generally have one of two intents. An applicant with an immigrant intent plans on eventually obtaining a green card and living in the U.S. indefinitely. A person with non-immigrant intent plans to return to their home country at a set date in the future. As the name suggests, dual intent visas contain a little bit of both.
An H-1B visa is considered dual intent because it allows you to work in the U.S. without having a green card while also giving you a path to eventually becoming a lawful permanent resident. One of the benefits of a dual intent visa is that it can be easier to adjust your status and pursue a green card compared to other work-based visas.
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Learn How H-1B Visas Work
The U.S. Citizenship and Immigration Services (USCIS) oversees H-1B visas, like all visas in the United States. These are “non-immigrant” visas, meaning they do not provide you with a path to citizenship. These visas are also temporary, meaning you can remain in the country for a set period before returning to your home country.
Anyone who qualifies for an H-1B work visa receives a set expiration date. This period is at most three years, although receiving an H1 visa for less than three years is possible. There are options for remaining in the country longer than this period. It is not uncommon to obtain extensions of time, although this period cannot last more than six years.
Unlike most visas, securing an H1 visa does not begin with an application from a foreign resident. Instead, the prospective employer must begin the process. For example, securing an H-1B visa first requires an applicant to have a promise of employment from a company operating in the U.S.
What Kind of Employment Qualifies for an H-1B Visa?
There are specific types of employment that qualify for H-1B visa hires. The program helps meet employers’ demand for highly skilled workers. For that reason, this visa is not an option for employment that does not require extensive education or experience. These jobs are known as “specialty occupations.”
Specialty occupations generally require bachelor’s or advanced college or university degrees, although other advanced education certificates might qualify. Some professions that can qualify for H-1B visas include engineers, professors, and researchers.
The requirements for this visa go beyond the job itself. There are also minimum requirements for your experience and education. The position requires a bachelor’s degree from an accredited university. Degrees obtained outside the U.S. must be equivalent to a bachelor’s degree. There are no requirements regarding your work experience. In fact, an H-1B applicant could be fresh out of college. However, it is sometimes possible to substitute relevant work experience for an advanced degree.
Kissimmee H1 Work Visa Lawyer Near Me
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How a Kissimmee Immigration Attorney Could Assist With the Visa Process
Dealing with USCIS can be challenging, especially regarding work visa cases. Not only are you responsible for your application, but you are also relying on a prospective employer to ensure you qualify for an H1 work visa. An immigration attorney from our firm could help you navigate these challenges in Kissimmee in the following ways:
- Explain your rights and responsibilities under the law
- Manage all communications with your employer
- Assist you with completing applications
- Prepare you for interviews with USCIS
- Represent you at trial if needed
- Keep track of your paperwork
- Ensure you meet important deadlines
- Update you about your case status
We understand that you have questions about the H-1B visa process. There are many things to consider when securing a work visa, from possible tax issues to remaining employed in your industry. Our Kissimmee H1 work visa attorney can answer questions about the application process and what happens after you receive a visa.
Talk to Us Today About the H-1B Work Visa Process in Kissimmee
An attorney’s guidance could be invaluable to anyone considering an H-1B work visa. This process provides Kissimmee businesses with opportunities to meet their workforce demands with qualified candidates that can fill their vacant positions. In addition, an attorney could ensure employers and foreign workers can connect for a fruitful partnership.
If you are concerned about the H1 visa application process, the good news is you do not have to tackle this process alone. The immigration attorneys from Bogin, Munns & Munns are ready to help you make the most of this opportunity. Call us today for a free consultation to learn how a Kissimmee H1 work visa lawyer can assist you. We can answer your questions and address concerns specific to your situation.
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