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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Exceptional Legal Representation I want to sincerely thank Kevin Raica for handling my case so efficiently. From our very first meeting, he demonstrated confidence and a clear plan for moving forward, which put us at ease right away. He kept the process moving and resolved our case in a timely manner. His professionalism and dedication made a stressful situation much easier to navigate. I have already recommended his services to…
Kriezelman Burton & Associate are Excellent immigration law firm that understands and guide one through any immigration cases. Attorney Khiabett is one of their best attorneys you can trust, she understands, patient, attentive, and gives honest advice about any immigration case her client has. I HIGHLY recommend the law firm to anyone having immigration concerns. Thank you for all you do.
Outstanding experience and successful Green Card approval with Kriezelman Burton & Associates, LLC! The immigration process can often be stressful and overwhelming, but working with Kriezelman Burton & Associates, LLC in Chicago made the entire journey smooth, transparent, and successful from start to finish. I want to express my deepest gratitude to Justin Burton for his exceptional professionalism, strategic guidance, and confidence from day one. Knowing my case was in…
Great lawyer, helped us to get a green card in few months, so thanks a lot. Recommended
Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
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