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San Jose H-1B Visa Lawyer

H-1B visas are temporary nonimmigrant visas that are intended for foreign workers with a specialty occupation. These occupations include occupations in the fields of architecture, engineering, computer programming, mathematics, science, education, business, and accounting, among others.

The United States Citizenship and Immigration Services (USCIS) defines a specialty occupation as one that requires a bachelor's degree or its equivalent. The foreign worker must also possess the necessary qualifications to perform the duties of the position and must be filling a position that a United States worker cannot fill.

A specialty occupation can also include positions that require a degree that is lesser than a bachelor's degree. In these cases, the employer must show that the position is one that requires a bachelor's degree as well as proof that the foreign worker possesses the necessary qualifications to perform the duties of the position. The foreign worker must also be filling a position that a United States worker cannot fill.

The H-1B visa allows the foreign worker to work in the United States for 3 years. It can be renewed for an additional three years, for a maximum of six years.

Are you looking for an H-1B visa for a specialty occupation? Contact Terkiana, PC Immigration Attorneys online or dial (415) 909-0503 to schedule a consultation.

Who Is Eligible for an H-1B Visa?

To qualify for the H1B visa, you must meet these criteria:

  • Have a job offer from a U.S. employer for a specialized role.

  • Provide evidence of a bachelor's degree or equivalent expertise in the relevant field.

  • Your employer must demonstrate a shortage of qualified U.S. candidates for the position

If you are a foreign worker and you are interested in applying for an H-1B visa, you should first speak with an experienced H-1B visa attorney in San Jose. Terkiana, PC Immigration Attorneys can provide the legal guidance to help you prepare the application.

What Is the Process for Obtaining an H-1B Visa?

The sponsoring United States employer must first apply for a temporary labor certification with the United States Department of Labor (DOL). The DOL will review the Labor Condition application and ensure your employer will pay you a comparable wage to similarly qualified workers in the same location and that your working conditions don't adversely impact other employees.

After the LCA is certified, your employer must fill out a Form I-129, Petition for a Nonimmigrant Worker. The LCA and Form I-129 must be submitted to USCIS along with the required documentation and a filing fee.

The USCIS will review the application and make a decision. If the USCIS approves the application, the sponsoring employer must then send the foreign worker an approval notice. The foreign worker must then apply for the H-1B visa with the United States embassy or consulate in the country of origin.

The foreign worker must then undergo a visa interview and present the approval notice. The foreign worker will then be issued an H-1B visa.

Call a Skilled H-1B Visa Lawyer in San Jose

Navigating the H-1B visa process can be complex, but you don't have to go through it alone. Our experienced immigration attorneys at Terkiana, PC Immigration Attorneys are here to guide you every step of the way.

We understand the significance of securing this visa for your career, and we're committed to helping you achieve your goals in the United States. With our deep knowledge of immigration laws and dedication to your success, we'll work tirelessly to maximize your chances of obtaining an H-1B visa.

Contact us today to schedule a consultation and let us help you turn your American dream into a reality.

Why Choose Jay Terkiana?

  • Personal Attention

    Attorney Terkiana is involved with every individual case and his clients can reach him on his cell phone via call, text or email.

  • Focused & Customized Service

    We are not a Visa mill pumping through thousands of cases. We pride ourselves on providing personalized service to every client.

  • Over a Decade of Experience

    Attorney Terkiana went through the immigration process himself and has been successfully handling cases for 10+ years.

  • Proven Track Record

    Successfully handled thousands of immigration cases including individuals, start-ups, small businesses & large corporations.

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