H-1B Visa (Foreign professionals in ‘specialty Occupations’)

The H-1B visa allows companies in the United States to employ foreign workers in an occupation that requires the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B visas can be approved up to three (3) years and can be extended for another term for a maximum of six (6) years.We at Bhatta Law and Associates strive to provide top-notch legal assistance to U.S Businesses especially Tech Companies, Financial industries, and Educational Institutes by helping them employ such skilled foreign professionals. If your firm would like to petition on behalf of a foreign employer or have questions about renewals of H-1B, audits, education and experience evaluation, finding appropriate job title and prevailing wage, or responding to RFEs, please contact the Bhatta Law and Associates team.

Even though H-1B is a temporary visa, the beneficiaries often are eligible for Permanent Residency through an Employment-Based petition. The cap-subject H-1B petitions are accepted by the USCIS during the first week of April until the cap is met.

Some of the key takeaways of the H-1B visa are that a foreign worker must be employed by a U.S. Employer and the U.S. Employer must file the petition on behalf of its foreign employees. A total of 85,000 H1B visas are available annually. Of the 85,000, 20,000 are restricted to individuals with Master’s Degrees or higher from Universities/Colleges in the U.S.

The Beneficiary/Employee (General Requirements):
  1. Should have completed a U.S. Bachelor’s or higher degree (or foreign equivalent) required by the specialty occupation. If the prospective employer doesn’t meet the education requirement or if the education is not in the field directly relevant to the specialty occupation, he/she may still meet the requirement with relevant experience related to the specialty occupation.
  2. Should not have violated terms and conditions of his/her current and prior non-immigrant stay in the US (if any)
The Employer/ Petitioner (General Requirements):
  1. Must file Labor Condition Application (LCA) with the Department of Labor (DOL). LCA should contain the salary being offered and all the job locations where employee might work. The offered salary must be equal or above to the prevailing wage for that job in that geographical area. Prevailing wage can generally be found on Foreign Labor Certification Date Center (FLC). FLC publishes wages in 4 different levels. If an employee is offered Level 1 wage (lowest of the allowed prevailing wage), USCIS often sends what is called a ‘Level 1 RFE’.
  2. Should have the Specialty Occupation Available for the entire duration requested on the form I-129. If there are more applications than what USCIS deems necessary to fulfill the CAP, it sends the Form I-129 back along with supporting documents and checks to the attorney on file/petitioner. If the application is picked up in the lottery, USCIS deposits the checks and sends the receipt to the attorney of record/petitioner. Form I-129 also allows change of status to H-1B for foreign nationals who are already in the United States on other valid non-immigrant status. Applicants not in the US should choose consular processing for their H-1B visa to be issued at the nearest Consulate.
  3. For EVC Model (Employer-Vendor-Client) where an employee is sent to work at a Client Site through a series of contracts with vendors, the petitioning Employee should be able to show that it possesses the Right to Control its Employee’s Employment such as hiring/firing/supervising/ paying salary.

L Visa Intracompany Transferees (L-1A and L-1B)

The L-1A Non-Immigrant Classification enables a multi-national company to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. The L-1B Non-Immigrant Classification enables a multi-national company to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.

L-1 (both A and B Classifications) also allows aforeign employers to send an employee to the United States to establish a new office in the United States.

Blanket Petition: The regulation also allows for blanket L petitions for certain organizations that fulfill the criteria set by the USCIS. Blanket Petitions provide established businesses in the US with the flexibility to transfer their eligible employees in foreign offices to the U.S. with short notice without having to file an individual petition with the USCIS.

Even though L-1 is a temporary visa, the beneficiaries often are eligible for Permanent Residency through Employment Based petitions.

P Visa (Athletes, Artists, Performers)

P classification applies to internationally recognized athletes, coaches, or teams seeking to enter the United States for the purpose of performing at a specific athletic competition. It also applies to a Member of an Internationally Recognized Entertainment Group seeking to enter the United States temporarily to perform as a member of that entertainment group.

In addition to the two major P-classifications above, artists/coaches/teachers who are probably not as renowned on the world stage but are culturally unique also qualify to temporarily enter the United States to perform/coach/teach at  culturally unique programs.

Many entertainment companies in the U.S. with roots in various countries seek our expertise in helping their artists secure a visa to the United States to perform in their programs.

O-1 Person with Extraordinary Ability

O-1 classification applies to individuals who possess extraordinary ability in the sciences, arts, education, business or athletics or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. O-1 petitions must be filed by an employer.

O-1 has its parallels with the permanent self-petition EB-1A, which applies to a person of extraordinary ability. Many individuals who qualify in O-1 often qualify in EB-1A. EB-1A allows for you to apply for a Green Card. Please consult with an experienced attorney at Bhatta Law and Associates to determine which option might be better for you.

Some applicants such as tech engineers, app developers, athletes, artists, business persons, educators, researchers, journalists, coaches, film workers, multi-national managers, CEOs, experts, and other successful individuals who couldn’t get the H-1B visa, P-visa, L-visa and other visa categories may qualify for an O-visa.

O-visas can provide the beneficiaries and the companies a second chance to work in the U.S.

E: Treaty Trader/Investors

The E-1 Classification allows a national of a treaty country to be admitted to the U.S. to engage in international trade on his own or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

The E-2 Classification allows a national of a treaty country to be admitted to the U.S. when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

The Department of State’s Treaty Countries web page provides the current list of countries with which the United States maintains a treaty of commerce and navigation.