H-1B Visa Attorney Serving Phoenix

Assisting Employers & Foreign Nationals with Work Visa Applications

Individuals coming to the United States from a foreign country can pursue an H-1B visa. This visa allows foreign professionals to temporarily work in U.S. companies specific to their field of specialty, with the possibility of obtaining permanent work.

Under the H-1B visa classification, such professionals are permitted to work in the country for a certain amount of time, up to six years. The visa is issued by the United States Citizenship and Immigration Services (USCIS) in increments of up to three years.

Whether you're a professional seeking an H-1B visa or an employer hiring a non-citizen, Kanu & Associates, P. C. can help you. Reach out to an H-1 B visa lawyer at (602) 353-7795 to learn more!

Understanding the Importance of H-1B Visas

Phoenix is a burgeoning city with a diverse industrial base, including technology companies, healthcare giants, and educational institutions. These sectors actively seek skilled international professionals to fill roles requiring specific expertise. H-1B visa holders bring invaluable skills to the workforce, bridging talent gaps and driving innovation in the region. In Phoenix, understanding the nuances of the H-1B visa process ensures that both employers and employees can streamline hiring and work authorization.

As an employer or international professional, navigating local employment trends and understanding the specific workforce needs of Phoenix can facilitate better career and business planning. Collaborating with a knowledgeable H-1B visa attorney in Phoenix ensures all documentation is aligned with regional business practices, fostering smoother transitions and ensuring compliance with both federal and local employment laws.

Essential Requirements for Obtaining an H-1B Visa

To qualify for an H-1B visa, the foreign professional must have a bachelor's degree or equivalent degree from an accredited college or university. Educational equivalence, however, can be obtained through education, specialized training, or progressive work experience.

The foreign employee's job will have to qualify as a specialty occupation, and one of the following requirements will have to be met:

• The job and employer normally require a bachelor's degree or higher
• The degree requirement is common for this type of position
• The specific duties are so specialized that knowledge equivalent to a bachelor's degree is required

Additionally, employers need to be aware of the annual cap on H-1B visas. Each fiscal year, a limited number of visas are issued, so early application is recommended to improve chances of approval. Furthermore, understanding the nuances of filing a Labor Condition Application (LCA) with the U.S. Department of Labor, which documents the terms and conditions of the foreign worker's employment, is crucial.

The H-1B visa is only for use by foreign nationals. Their spouse and minor children can live in the United States in H-4 status, but they cannot work.

Can H-1B Visa Holders Transition to Green Card Status?

Yes. If the foreign professional has an H-1B Visa, the visa serves as a dual intent visa. This means that they are eligible for permanent residency by applying for a green card.

Importantly, employees can receive an extension beyond the six-year maximum on an H-1B visa if they are in the process of obtaining a green card. However, you can run into issues if you apply after your H-1B visa expires. Therefore, it is important to apply as soon as possible if you wish to stay in the United States.

The process of transitioning from an H-1B visa to a green card involves multiple steps, including securing a job offer that meets the qualifications for permanent residency. It's advisable to work closely with an immigration attorney to navigate the various legal stipulations and paperwork. Understanding each step, from labor certification to adjustment of status, ensures smooth progression towards obtaining a green card.

What to Expect in Phoenix's Legal Environment for H-1B Visas

The legal environment in Phoenix for H-1B visa applications requires both understanding federal regulations and aligning with local employers' expectations. Working with Kanu & Associates, P. C., a trusted local legal partner, provides significant benefits by ensuring that applications are meticulously reviewed and align with the specific demands of Phoenix's diverse job market. This includes attending USCIS interviews conducted at local immigration offices in Phoenix, where understanding regional administrative behaviors can be beneficial.

Employers in Phoenix are often required to navigate additional logistical considerations, such as location-specific salary standards and employment conditions, to ensure compliance with federal labor laws. Accessing the local knowledge of our attorneys gives both applicants and businesses the advantage of implementing strategies that meet Phoenix's practical business needs while ensuring legal compliance.

Secure legal assistance quickly by connecting with an H-1B visa attorney in Phoenix. Call (602) 353-7795 or fill out our online form to move forward.

Frequently Asked Questions

What is the Cap Count for H-1B Visas?

The H-1B visa program is subject to an annual numerical limit, or cap. Every fiscal year, the United States Citizenship and Immigration Services (USCIS) releases a limited number of H-1B visas, with a general cap of 65,000 visas. An additional 20,000 visas are available for foreign professionals who hold a master's degree or higher from a U.S. institution. Understanding these limits is crucial for prospective applicants as it affects timing and strategic application planning.

How Does Local Demand Affect H-1B Visa Success?

In Phoenix, high demand in sectors such as technology, healthcare, and education plays a pivotal role in H-1B visa applications. Employers seeking specialized skills unavailable in the local workforce are often more inclined to consider sponsoring H-1B visas. However, applicants must demonstrate their value proposition clearly to align with these market demands. Engaging with our legal team can aid in presenting compelling cases that address these industry demands.

What Happens If My H-1B Application is Denied?

If your H-1B visa application is denied, it is vital to understand the reason for the denial to determine potential next steps. Common reasons for denial may include non-compliance with specialty occupation requirements or issues with the filing process. A qualified H-1B visa attorney at Kanu & Associates, P. C. can assist in reviewing the denial notice and developing a plan, which may include refiling, appealing the decision, or exploring alternative visas. Our hands-on, personalized approach ensures you understand your options moving forward.

Contact Kanu & Associates, P.C. for Legal Assistance

For further information on H-1B visas, the United States Department of Labor is a source of current information on the H-1B program. At Kanu & Associates, we can help you properly file for an H-1B visa. We can help you begin your immigration journey as a foreign worker. We can be the voice you need as you navigate the immigration system in the United States.

Reach out to an experienced H-1B visa lawyer in Phoenix at Kanu and Associates for answers to all of your pressing immigration questions!