If you search the internet you may find something wordy and complex, albeit accurate, along these lines:
“The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) which allows U.S. employers to employ foreign workers in specialty occupations. The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, journalism, medicine and health: doctor, dentists, nurses, physiotherapists, etc., economics, education, research, law, accounting, business specialties, technical writing, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum (with the exception of fashion models, who must be “of distinguished merit and ability”). Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.”
- 8 U.S. Code § 1184 – Admission of non-immigrants and 8 U.S. Code § 1101 – Definitions. LII / Legal Information Institute.
This is all well and good, but how does it translate into next steps for you and your employees? Do you know which forms to use for your H-1B Visa application, what types of financial and family documentation to collect, and how do you prepare for the interviews? Work-based visa laws and options are prone to change, depending upon the political climate in the United States. When you consider how the preservation of American jobs for American citizens is a focus of many people, you can understand the need for guidance in this dynamic process.
For these and many more reasons, you must search wisely for an immigration lawyer who is an expert in the ever-changing field of immigration law, who can tailor a path forward based upon your particular needs and the options available to you and your employees.