If your goal is to come from another country to work in the United States, an H1 work visa might be your best path forward. While there are many types of employment-based visas under U.S. law, the H-1B visa is one of the few options that leaves the door open for a future permanent residency petition.
Our work visa lawyer could assist you with every aspect of your application while providing you with advice from beginning to end. The process might feel complex and impossible to navigate, but you never have to face this challenge alone. Reach out to a Melbourne H1 work visa lawyer with Bogin, Munns & Munns today to learn more.
What Is an H1 Work Visa?
The H-1B visa program is one of the most popular options for employment-based visas. This visa is for specialized workers with bachelor’s degrees. Alternatively, pursuing an H-1B visa with relevant, extensive work experience is possible instead of a bachelor’s degree.
In addition to your background, H-1B visas are available only for specific employment positions. The position must require specialized training or experience. That means jobs that can be performed without a degree typically do not qualify.
Not everyone who seeks an H1 work visa will receive one. This is because the federal government can issue limited H-1B visas each year. According to the American Immigration Council (AIC), the annual cap on H-1B visas rests at 65,000. However, additional visas are available with advanced degrees.
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Our Melbourne Immigration Attorney Could Help With Your H1 Visa Application
Securing an H1 work visa involves several steps. You can complete the steps on your own, but working with an immigration attorney will guide you through each of these steps and save you time. A single mistake in the process could cost you the opportunity to work in the United States. Fortunately, the Bogin, Munns & Munns team is ready to help you get the best possible outcome in your H-1B application. Some of the ways we could help include the following:
- Advising you on the appropriate visa you qualify for
- Assisting you with drafting a petition
- Ensuring you file your application correctly
- Remaining in contact with your prospective employer
- Resolving unreasonable delays
- Preparing you for your interviews
- Answering any questions you have about the process
The process of applying for a visa can be intimidating for most people. Not only is this process foreign, but the high stakes can also add to your worry and stress. Our attorneys are ready to take the stress off your shoulders by handling every aspect of this process.
H-1B Visas Are Non-Immigrant Visas
The federal government offers various visas. These visas, managed by the U.S. Citizenship and Immigration Services (USCIS), generally fall into two categories: immigrant and non-immigrant visas.
Immigrant visas provide applicants with a path toward citizenship. A person holding an immigrant visa is a lawful permanent resident that enjoys some of the same protections and rights as a U.S. citizen. What’s more, lawful permanent residents can eventually qualify for citizenship themselves.
Non-immigrant visas are temporary. The federal government awards them for various reasons, but generally, these visas allow a foreign resident to remain in the country temporarily for a specific reason. The reason is often related to employment, vacation, or education. An H-1B visa is a non-immigrant visa, which means it will not move you toward citizenship. Eventually, you must return to your home country.
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H-1B Visas Are Temporary
Like most employment-based visas, the H-1B visa is temporary. That means you receive a set date that your visa expires, and the law requires you to leave the country before that date.
An H-1B’s maximum length is three years. However, some people receive visas that expire in under three years. The good news for foreign workers is that it can be possible to extend that time. However, the longest you can remain in the U.S. on an H-1B visa is six years.
An H1 Visa Can Provide a Path to Lawful Permanent Residency
While it is true that an H-1B visa is a non-immigrant visa, it is different from many other temporary work visas the USCIS offers. An H1 work visa is also a “dual intent” visa. While it does not make you a lawful permanent resident, you can pursue residency. Eventually, you might be able to adjust your status to a form of immigrant visa.
Your intent is important when applying for a visa. Most work visas require applicants to have non-immigrant intent, meaning they have no intention of seeking residency or remaining in the U.S. In fact, USCIS can deny an application when people fail to prove they have the appropriate intent for their visas.
Because an H1 work visa is a dual intent visa, it is possible to travel to the U.S. with the intent to work here temporarily while also holding open the potential to petition for lawful permanent residency in the future. In these cases, it is possible to seek a change of your immigration status from a temporary work visa to an immigrant visa while you are living in the U.S. on an H1 work visa.
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Talk to Our Melbourne Immigration Attorney Today About Your H-1B Visa Application
If you hope to come to the United States to advance your career, our Melbourne immigration attorney team can help you secure the visa that is right for you. For many people, this is the H-1B work visa. While the application process is challenging, our attorneys will work tirelessly to get you the best possible outcome.
You do not have to deal with the USCIS on your own. Let a Melbourne H1 work visa lawyer help you with your application. Call Bogin, Munns & Munns as soon as possible for your confidential consultation.
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