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Lawyer for H-1B Visa

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Lawyer for H-1B Visa

Businesses in the United States hire hundreds and thousands of workers yearly across industries, from agriculture to engineering. Many of these employees usually arrive in the U.S. via a special visa program known as H1-B. This H-1B visa program was created as part of the Immigration Act of 1990. It assists in diversifying the labor pool in companies in the United States and provides them with a chance to employ qualified noncitizen applicants by sponsoring visas. A lawyer for an H-1B visa can help you seamlessly complete the visa procedure while ensuring your business remains compliant with regulatory measures.

What Does a Lawyer for an H-1B Visa Do?

Lawyers for H-1B visas have immense expertise in analyzing United States immigration regulations, which can vary with each government, and counsel their immigrant clients through the complex and ever-expanding immigration process. In addition, a considerable part of an immigration attorney’s time is spent assisting people who face challenges related to immigration provisions. They further represent their clients during deportation suits.

Besides, many immigrants hire a lawyer for an H-1B visa, as even the slightest mistake can cancel their work permit. Therefore, lawyers for H-1B visas typically fill the position of advisor or consultant to their clients, who must communicate with United States immigration officers. Unlike other lawyers, these lawyers do not generally spend much time managing property disputes in court. Instead, they tend to serve as intermediaries between their clients and the state management.

Nevertheless, as previously specified, these lawyers for H-1B visas make appearances before a magistrate if their client must confront an immigration lawsuit. Besides that, a lawyer for an H1-B visa will likely provide details and guidance regarding the following:

  • Visa applications
  • Naturalization
  • Green cards
  • Citizenship
  • Deportation
  • Noncitizen employment

When Do You Need to Hire a Lawyer for an H1-B Visa?

Hiring a lawyer for an H-1B visa is not always required, and the process can be conducted by anyone representing themselves in court. Nevertheless, working with a lawyer who is comprehensively aware of all existing immigration regulations can greatly reduce the room for errors or mistakes. Most individuals will hire a professional lawyer when they want assistance applying for a visa document. Below are some circumstances where you must hire a lawyer for an H-1B visa.

  • Crime Conviction: If the visa application has been condemned for perpetrating a crime, they will need to work with an attorney for an H-1B visa. Nearly every USCIS (U.S. Citizenship & Immigration Services) form demands that applicants disclose whether they have been sentenced for a crime. In addition, the applicant must disclose their criminal history. An expert lawyer will know how immigration and criminal statutes overlap, reducing the requirement for a separate criminal lawyer.
  • Previous Deportation: A visa applicant must employ a lawyer for an H1-B visa if they have been deported or banned from entering the United States. It is because exclusion or deportation can occasionally indicate that the applicant is permanently barred from future visa applications. An experienced lawyer would be able to decide whether that is the case and inform the applicant regarding the consequences of deportation and exclusion.

What is an H-1B visa?

A skilled person seeking employment in the United States must receive lawful consent. If the employee is offered a job from a U.S.-based organization, they are qualified to apply for the H-1B visa through the USCIS (U.S. Citizenship and Immigration Services). In addition, the most typical applicants for H-1B visas are immigrant students studying at American undergraduate and postgraduate universities who are offered jobs at American institutions. An H-1B visa can also be obtained by individuals with the required qualifications and job offers from U.S. companies.

Moreover, since the H-1B visa concentrates on professional employees who are assisting in overcoming the talent deficit in the United States, there are detailed educational prerequisites for all visa applicants. Besides, a person who wishes to work in the United States on an H-1B visa must maintain the following qualifications:

  • An undergraduate degree or higher from a United States university or the equivalent from another nation. A three-year undergraduate degree from outside the United States demands another three years of job experience.
  • If the job requires certificates, students must obtain them before filing.
  • Comprehensive educational and technical knowledge to perform the role stated in the job offer of the H-1B application.
  • Other factors that are considered are work experience and specialized skills.

Job positions typically qualifying for the H-1B visa comprise lawyers, engineers, accountants, healthcare experts, financial analysts, artists, sales administrators, and technicians, among others.

Understanding the Expense of an H-1B Visa

There are numerous fees associated with the H-1B visa, which are as follows:

  • H-1B Registration Fee ($10)
  • American Competitiveness and Workforce Improvement Act Charge ($750-$1500)
  • Base filing fee ($460)
  • Public Law 114-113 fee ($4000) – only for certain employers who have 50% or more of their workface as H-1B or L-1B status.
  • Fraud prevention fee ($500)
  • Premium processing fee ($1410 [optional])

The United States organization generally pays all the fees related to the H-1B application. It presents records to USCIS on behalf of the incoming H-1B employee, including salary, job details, and other relevant details. Additionally, the only charge an employee may choose to pay is the premium processing cost, which is voluntary and does not impact the acceptance or rejection of their visa—it merely offers a quick decision.

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Key Terms

  • Aggravated Felony: An aggravated felony is an offense expressly specified by Federal immigration regulation. In addition, the conviction or sentence of an aggravated felony makes a legal permanent citizen deportable. The mere categorization of a crime as an aggravated felony by state regulation does not make it an aggravated felony for objectives of National immigration regulation. On the contrary, some offenses typed as misconduct under state regulation may qualify as aggravated felonies under National immigration law.
  • Immigrant: The word “immigrant” in national Immigration law is utilized as a phrase directing to every foreigner who does not fall into a nonimmigrant classification.
  • Sentence: The duration of a prison or jail sentence comprises the full length of the sentence mandated by a tribunal if the execution or sentence imposition is discontinued and the person is sent for probation.
  • Temporary Visa: Nonimmigrant travelers may lawfully enter the United States on a temporary or transient visa for a restricted period. The visas apply to students, vacationers, certain categories of provisional workers, and various technical classifications. The official length of stay is defined in the visa. It is also known as a nonimmigrant visa.

Conclusion

In a nutshell, the H-1B visa presents qualified employees from around the world with the opportunity to work and reside in the United States. It also helps American corporations that can hire trained individuals with aptitudes that are scarce among the household workforce.

So if you are looking for an attorney to help you with your H1-B visa proceedings, get in touch with our expert panel at ContractsCounsel. At ContractsCounsel, our professional attorneys can help you overcome several legal issues and make the visa process seamless.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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