H-1B Visa | Specialty Occupation & Fashion Models

Serving San Antonio, Austin and McAllen, Texas

What is an H-1B Visa?

An H-1B visa confers eligibility for temporary employment on highly-skilled individuals who possess certain qualifications within a specific field or industry. These non-immigrant visas provide work opportunities for foreign nationals who hold a bachelor’s degree or its equivalent. In some cases, the U.S. government may extend H-1B visas to workers who can demonstrate expensive hands-on work experience in a given industry.

Benefits/Uses

The H1-B visa has several key advantages. First, it remains in force for three years and can be extended for a second three-year period without much difficulty. During this time, it permits its holder to enter and exit the United States at will. In addition, he or she may freely move about the United States during the visa’s effective period. Finally, an H-1B visa holder may transfer employment within the United States under certain conditions. According to the terms of the “AC21” Act, visa holders who remain in the good graces of the law may receive clearance to terminate employment with one U.S. employer and begin employment with another. This move does not require a new visa application.

Requirements/Qualifications

H-1B visa holders must have a bachelor’s degree or extensive work experience in specific high-demand fields. These may include:

• Architecture
• Engineering
• Law
• Health
• Technology
• Fashion

In addition, all H-1B visa holders must be sponsored by a specific U.S.-based employer. This employer must agree to pay prevailing U.S. wages in exchange for the visa holder’s labor and certify that it is unable to fill the pertinent position using U.S. workers. This requires the filing of an I-129 petition.

Limitations/Drawbacks

H-1B visas come with several key drawbacks. First, foreign nationals who hold these visas must leave the United States for at least one year following the expiration of the three-year extension period. During this time, they may reapply for U.S. work authorization. In addition, the number of available H-1B visas is limited to about 65,000 per year. While there may be some exceptions to this quota, it typically produces long wait times for these visas. Finally, H-1B visa holders who lose their jobs must leave the United States. To get a thorough explanation of the limitations for a H-1B visa, consult with a H-1B visa lawyer.

How We Can Help

The H-1B visa lawyers at the Gutierrez Law Firm are conscious of the tremendous economic impact that our H-1B clients can have on the American economy. As such, we strive to help each of our clients enter the United States in a smooth and legal fashion.

To learn more about the H-1B visa services that our competent H-1B visa attorneys can provide, contact us at 210.225.7114.