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Improving Your Chances of Getting an H-1B Visa
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U.S. immigration law allows American employers to recruit and employ noncitizens, and on the other hand, noncitizens can apply for non-immigrant (temporary) or permanent work visas (green cards), typically if they have an American employer willing to sponsor them. A popular nonimmigrant work visa is H1B. At Kriezelman Burton & Associates, we have experienced H1B work visa immigration attorneys who help clients in the Chicago area to navigate the complex immigration system and obtain H1B visas. We are based in Chicago, but we also handle cases in Indiana, Wisconsin, and Michigan.
Qualification for U.S. H1B Visa
To be approved for an H1B visa, you must first have an offer of temporary employment from a U.S. employer. To qualify, the job offered must be in a “specialty occupation.” This is a technical requirement that is simply a job that requires the application of highly specialized knowledge and one that requires possession of at least a bachelor’s degree or higher for one to qualify for the job.
To satisfy regulations that the job offered qualifies as a specialty occupation, USCIS considers four criteria, and these are:
- A bachelor’s or higher academic degree or its equivalent is typically the minimum entry requirement for the offered position.
- The degree requirement for the job offered is common in the industry where employment is sought among similar employers, or the job is so complex or unique that it can be performed only by a person with a degree.
- It is normal for the employer to require a degree or its equivalent for the position.
- The nature of the specific duties and responsibilities to be carried out is so complex and specialized that the knowledge required to perform the duties is typically associated with the attainment of a bachelor’s or higher degree.
There are certain jobs where it is relatively easy to make the case that they are specialty occupations, and these include jobs in the medical, research, scientific, or engineering professions. However, jobs in all other categories are harder to prove as specialty occupations, which means one seeking an H1B visa under those job categories furnish substantial evidence to show that the job qualifies as a specialty occupation. This is true even if the job is in a field such as IT, where one almost certainly assumes a job in that field is a specialty occupation.
Finding a U.S. Employer to Sponsor H1B Visa
The best way to find an American employer to sponsor you for an H1B visa is to simply do some homework, find an employer who has positions that match your academic degree, and ask the employer if they will be willing to sponsor you. Although many employers are unwilling or reluctant to sponsor a noncitizen for H1B, some are the opposite and would readily sponsor an H1B visa for a noncitizen, especially if they are having difficulty finding someone authorized to work to take the job.
If you are an American employer or noncitizen who seeks an H1B visa, contact us today and schedule an appointment to discuss your situation with one of our experienced H1B immigration lawyers.
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We are incredibly grateful for the guidance and support we received from Kriezelman Burton & Associates during our family’s Green Card petition process. We had a very complicated case that several other lawyers could not take on, but that was not the case with Kriezelman Burton & Associates. From the beginning, our Attorney Mr. Kevin Raica made us feel heard, supported, and confident that our case was in good hands.…
Highly recommend Attorney Erin Cobb and her entire team. Extremely knowledgeable, compassionate, and urgent to serve and solve any issue.
I would like to express my deepest gratitude to my attorney, Kevin Raica, for his incredible professionalism, dedication, and genuine care🙏🏻 My case was extremely complicated, It felt like everything was lost and there was no way to fix it. But Kevin did the impossible — he managed to reopen my case, restore everything, and lead it to a successful result at the interview. His persistence, deep knowledge, responsibility, and…
I had a great experience working with Matthew Kriezelman and Kamila Lada. They were professional, knowledgeable, and truly cared about my case. They always took the time to answer my questions and kept me informed every step of the way. Their kindness and attention to detail made a stressful process so much easier. I’m very grateful for their help and highly recommend them.
I am writing to appreciate Attorney Erin and Attorney Andrea for making it possible for me to be represented within a short notice. If you both ever read this, I truly want to express my heartfelt gratitude to both of you. Andrea was right by me, and I felt her presence through it all. I cannot speak enough about this firm. I will continue to send people to this firm…
I had the pleasure of working with attorney Khiabett Osuna and Rafael. They were knowledgeable, professional, and genuinely cared about my case from start to finish. They were both very kind and every question I had was answered promptly, and they always made me feel supported and informed. Their attention to detail and compassion made a stressful process so much easier. I’m beyond grateful for their hard work and highly…
I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
A family friend referred me to work with Maya Flores at Kriezelman Burton & Associates, LLC to help me with my U.S. naturalization. Despite the current immigration tension, Maya helped make the process smooth and her familiarity with procedure helped ease my anxiety. She submitted the citizenship application on my behalf and let me know what to expect. I decided to retain her service for the civics interview as well,…
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