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New Jersey H-1B Visa Lawyers


Suppose you are a foreign worker in a specialty industry looking for a temporary job in the United States. In that case, you should know the H-1B visa, which is a nonimmigrant temporary work visa.

At Andres Mejer Law, we can educate you, lead you toward your objective, and represent you throughout the process.

Our H-1B visa lawyers are committed to helping you accomplish your version of the American dream. To schedule an initial consultation, don’t hesitate to contact us. Our Eatontown H-1B visa lawyers represent immigration law clients across the state of New Jersey.

What is an H-1B Visa?


The H-1B visa is a nonimmigrant (temporary) visa that allows people with specialized skills to work in the United States. If your application is approved, you will be permitted to work for three years with the possibility of a three-year extension for a total of six years.

If you fulfill the H-1B criteria, your employer (not you) must file an I-129H1 petition with the USCIS on April 1st of the year in which you want to begin working. Because of the many petitioners that apply each year, your petition will be submitted into an annual lottery, with only 85,000 applications picked at random in two caps.

For individuals with advanced degrees, the initial cap has 20,000 places available. Those with advanced degrees whose petitions were not chosen in the master’s cap will be resubmitted to the standard cap of 65,000, giving them a second chance to be selected.

The only method to bypass this cap is to work for a higher education institution, a nonprofit organization affiliated with a higher education institution, or a government research body.

Additionally, all subsequent petitions will be deemed cap-exempt if your petition has once been counted against the cap.

Your petition will be processed if it is chosen. If your petition is accepted, you will be eligible to begin working on October 1st of the year you filed it.

This contributes to the total H-1B criteria since your petition must still be selected through a lottery.

What is an LCA?


H-1B visa lawyers

It’s also worth noting that every H-1B visa applicant must have their employer file a Labor Condition Application (LCA) on their behalf. This is comparable to the PERM Labor Certification required for employment-based green cards. However, it is less time-consuming.

To get an LCA, the employer must complete four attestations that act as prerequisites:

  • The salary for your position has been calculated
  • Your employment will not harm the company’s present employees.
  • There isn’t a strike going on right now. The employer must demonstrate that you will not be replacing strikers.
  • All current employees at the company have been informed of the company’s plan to hire you.

Here is a quick rundown of the H-1B requirements:

  • You must have a minimum educational level of a bachelor’s degree
  • You must have a valid job offer from a U.S. employer
  • That job must be for a specialty position that requires the use of your degree

While they may appear straightforward, let us dissect them to remove any uncertainty. Remember that the USCIS seldom issues refunds, and the rules usually are pretty rigorous, especially with such a popular visa.

Educational Requirement

First, you must have a bachelor’s degree in a field related to your profession. You may achieve this H-1B criterion without a bachelor’s degree if you have 12 years of experience in a comparable job. It is, however, far from certain. Consult your immigration attorney to see whether you may use your work experience in place of a degree.

Job Offer

Even though this H-1B criterion appears to be self-evident, problems occur when the employee-employer connection is doubted. This can cause issues, mainly if the recipient is self-employed. While starting a business on an H-1B visa is conceivable, you must follow specific measures to achieve this criterion.

Aside from that, be sure your company has the authority to govern your job responsibilities, compensation, and employment status. As a contractor or agent, you must explain how your employer-employee connection satisfies the H-B criteria in your petition.

Specialty Occupation

For a position to be considered a “Specialty Occupation,” it must meet at least one of the following requirements:

  • To be considered for the job, you must have a bachelor’s degree or international equivalent.
  • Because the role is so complicated or specialized, only professionals with a bachelor’s degree or above are eligible to apply. In most cases, an educational degree is required for employment in the business.
  • The company usually requires candidates to hold a college diploma or its international equivalent to work in the role.

To be considered for a “specialty occupation,” an applicant must meet one of the following criteria:

  • Hold a bachelor’s or higher degree from an approved university in the United States that meets the specialty occupation’s criteria.
  • Obtain a foreign equivalent of a U.S. bachelor’s degree or higher that meets the specialist occupation’s criteria.
  • Have an unrestricted state license, registration, or certification that permits the applicant to engage in the occupation without restriction.
  • The candidate must have earned the necessary training, education, or work experience to complete the degree. The candidate must have received recognition in their field of competence. The candidate must have held roles that are critical to the specialty occupation.
  • An authorized ETA-9035 form, an approved Labor Certification Application, an I-129 form, and a Petition for a Nonimmigrant Worker are required of the applicant’s potential employer.

The beneficiary, or foreign worker, who obtains the visa, receives the most advantages. The USCIS received about 236,000 H-1B visa petitions in 2016. If you’ve ever wondered why this visa is so popular, this is why.

Broad Requirements

The first H-1B visa benefit, and possibly the most crucial reason for its popularity, is its liberal eligibility requirements. While many other work visas need a managerial position, a master’s degree, or a significant financial commitment, the H-1B visa requires the following:

  • A bachelor’s degree
  • A job offer from a U.S. company for a specialty position that requires your bachelor’s degree

Of course, finding a company with a job opening for a position linked to your educational background is not easy. Still, these conditions are significantly more straightforward to meet than the requirements for visa classes such as E-2, L-1, and O.

However, depending on your circumstances, a different work visa may be a better fit for you. The E-2 visa, for example, maybe a better option for you if you are an entrepreneur with sufficient resources but no bachelor’s degree. To discover more about your choices, speak with one of our experienced H-1B visa lawyers.

Duration of Stay

Another advantage of the H-1B visa is the amount of time you are provided to acquire your visa. In contrast to other visas such as the B-1, which only allows you to remain for six months, and the J-1, which only allows you to stay for one year, the H-1B enables you to stay for three years and may easily be extended.

Portability

Unlike several other work-related visas, the H-1B allows its holders to transfer their status from one company to another while they are in the country. They can also work part-time and for many companies at the same time.

Anyone Can Apply

One of the most appealing aspects of the H-1B program is that it allows international experts worldwide to apply. The E-2 visa is only available to citizens of treaty nations, and the T.N. is only available to Canadians and Mexicans. In contrast, the H-1B visa is available to nationals and citizens of any country.

Spouses and Dependents

Fortunately, the H-4 visa allows you to bring your spouse and children over as dependents. Their stay will be limited to the duration of the principal holder’s, with extensions available for each H-4. Additionally, after acquiring Employment Authorization Documents, H-4 visa holders can now work in the United States.

Dual Intent

One of the H-1 B’s numerous advantages is that it is deemed a “dual intent” visa, unlike many other work visa classes. This implies that while in H-1B nonimmigrant status, you can pursue legal permanent residency. This is a significant benefit over other visa classes like the T.N. and J-1.

Foreign experts aren’t the only ones who may benefit from H-1B visas. Employers, too, have a lot to gain. This visa, which is for persons with degrees in science, technology, engineering, or mathematics (or STEM for short), permits the top experts from across the globe to come to the United States and work for your organization.

Combat Local Labor Shortages

Many businesses are located in places where there is a labor shortage, and they may not be able to find competent Americans ready to relocate permanently to your area. Employers can use the H-1B procedure to hire temporary workers from other countries to finish projects or fill specialty roles.

Global Competitiveness

It would be best if you had a worldwide presence to compete in today’s industry. Hiring H-1B personnel can boost your international competitiveness and supply quality permanent staff if you’re willing to sponsor candidates for employment-based green cards.

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What Are the Requirements From H1-B Visa to Green Card?


Fortunately, the H-1B visa is a dual intent visa, allowing you to apply for permanent residency (green card). If this is your objective, you’ll need to approach your present H-1B company or another U.S. business and ask them to sponsor you for a green card.

If you seek an EB-2 or EB-3 green card, your employer will need to get a PERM Labor Certification for you. This implies that your sponsoring employer must publicize your petition within the firm, the local newspaper, and the three additional outlets specified in the PERM advertising criteria.

Once you’ve received your PERM, your employer can file an I-140 petition with the USCIS on your behalf. You must fulfill the conditions for the green card you wish to apply for this to be authorized.

You’d pick the green card with the most similar criteria to the H-1B standards you’ve already satisfied as an H-1B holder in an ideal world. With this in mind, the EB-3 visa could be the best option for you.

Our H1-B visa lawyers, on the other hand, can better assist you in navigating this transition.

What is the Process From H1-B Visa to Green Card?


Suppose you filed their Labor Certification or I-140 a year (365 days) previous to the start of their exemption from the standard 6-year restriction. In that case, foreign nationals can request an extension of their H-1B status in one-year increments (this takes into account any recapture time abroad).

The only exception is if you have a valid I-140. Your priority date is out of date (or if your LCA has been pending for a year). In such a case, you will be granted an unlimited number of extensions until you can finish your green card application.

Maintaining legal immigration status while pursuing a green card or transitioning from H-1B to Green Card (EB-2/EB-3) is critical for the foreign worker. You must file an I-485 petition with USCIS, usually done after your employer’s I-140 has been authorized.

Concurrent filing is an option that allows both the I-485 and I-140 petitions to be submitted simultaneously in specific cases.

What Are the Steps for Transitioning From H-1B to Green Card Status?


Find a Qualified U.S. Employer

You must first identify an employer ready to sponsor your green card application by providing you with a job that qualifies under an employment-based green card category.

The majority of employment-based green card categories in the United States require an employer’s sponsorship. This might be your existing H-1B employment or another company. Before an employer may sponsor an employee’s green card application, some prerequisites must be satisfied.

If your present company does not match these requirements, you may need to look for a new job before starting the application process. Furthermore, not all H-1B employment positions are eligible for green card modification.

As a result, you may need to shift jobs or take on duties with more responsibility to have the necessary work experience for your preferred green card category.

PERM Labor Certification to Be Filed by Your Employer

Your employer will next need to get a PERM Labor Certification. This implies that the prevailing pay must be calculated and paid as your salary. You must conduct a thorough recruiting procedure for the post you will fill to guarantee that no U.S. employees are available. You must file an ETA 9089 form.

Form I-140 Petition

Your employer must next submit an I-140 Immigration Petition for Alien Worker after the PERM has been authorized. Your employer must establish their financial stability on Form I-140 since this is required to verify their capacity to pay the wage for the work post.

The document must be filed together with a filing fee and a PERM labor certification that has been authorized. The USCIS will send you an Approval Notice if your petition is approved. It means you’re ready to go on to the next step in the green card application process.

Remember that just because they accepted your I-140 doesn’t mean your status has changed from nonimmigrant to immigrant. You’ll have to wait until the I-485 petition is approved.

Wait for Priority Date to Become Current

The day on which the USCIS receives your petition becomes your priority date. Before proceeding to the next stage, you must wait for your priority date to become current.

File Form I-485

You can file for an adjustment status by submitting the I-485 form to the USCIS once you have a current priority date. You will obtain your green card if it is accepted.

Why Do Immigrants Seeking H-1B Visas Choose Andres Mejer Law?


Expertise in the H-1B Lottery Process

The procedures for selecting H-1B visas in the random lottery changed significantly in 2020 for H-1B submissions in F.Y. 2021. Employers must now pre-register online in March, before the yearly lottery, and have 90 days to submit a petition if they are chosen. 

Our skilled H1-B lawyers may also assist our clients in understanding the shifting requirements regarding OPT, STEM extensions, H-4 work permission, and other relevant concerns to keep their status in the United States.

Experience With Challenging Cases and RFEs

USCIS now scrutinizes practically every facet of an H-1B visa petition, including “prevailing salary,” “Level 1 job,” degree requirements, OPT maintenance, “specialty occupation,” objections to computer vocations, and more. USCIS’s Requests for Evidence (RFEs) are not to be treated lightly.

Our professional H-1B lawyers have extensive experience with complex H-1B petitions and professions. They do the necessary research, innovative material compilation, and legal writing to achieve a 100% approval rate in such circumstances. We also have H-1B experience for individuals working for exempt organizations, such as nonprofit research institutes and colleges.

Honest Assessments and Strategies Designed to Minimize Risk

The U.S. can turn down even the smartest and most excellent if they do not provide the strongest case. Our competent H1-B lawyers can research and write appealing applications for start-up engineers, scientists, high-tech professionals, academics, award-winning sports, and artists who wish to offer their abilities in the United States. 

We can transform even the most technical information into a narrative that USCIS can comprehend and accept.

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“I had no problem reaching out to Andres Mejer. He has attended the court hearing and answered all the questions of the prosecutor…thank you, Andres!”

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“I knew that I couldn’t just go to court alone to defend myself…but Andres was there to help me. He has helped me successfully apply for a U VIsa.”

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“Nobody can help me in the past, but Attorney Andres Mejer was able to help me fix my immigration problem. He has guided me through the immigration process and has encouraged me to fight and never give up my freedom to live in the U.S.”

Still have questions about Green Cards or becoming a Lawful Permanent Resident?


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People often put off seeing a doctor until it is too late. The same is true when it comes to immigration. Immigration problems often get worse with time, not better. You’re risking your family, your freedom and all that you work so hard for by not getting the care you need. You can find out right now if you may already qualify for legal status in the US. Just click below or call Andres Mejer Law to schedule a comprehensive immigration exam. It is free, so what are you waiting for?

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