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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.
What Our Clients Say
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I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
The attorney is an excellent person and very professional. I am very grateful to the entire team—they are attentive to everything, and I consider her the best in all of the U.S. Thank you once again for everything.
Mr. Burton helped my mother with her case. He was always polite, clear, and always answered my questions in a professional and diligent manner. Our case ran smoothly, and we never ran into any issues. I also want to greatly thank the paralegal that also managed my case, Stephanie Nunez, she was always willing and very helpful with my mother, a genuinely good person. I will forever recommend Justin and…
I would like to express my deepest gratitude to Mr. Justin Burton! He is an outstanding specialist in his field and an attorney who quite literally changed our family’s life. Mr. Burton demonstrated a highly professional approach and exceptional dedication to our case. He stands out for his extensive knowledge of immigration law and, beyond that, is a person of great integrity. I can wholeheartedly recommend Mr. Justin Burton and…
I would like to start this review with a big thank you for the immigration lawyer, Nicole Provax, who has done a successful and amazing work on my dad’s case! She was dedicated in walking us through the whole process, keeping excellent communication with us, and despite the little hurdles that came up along the way, she was able to get the case to continue progressing! I’m forever grateful of…
I had the pleasure of having Brittni Rivera as our attorney working on our immigration green card process for my Husband and I .... from beginning to the end.. the best most professional guidance you could ask for. I highly recommend her ... and Donald Rogers too.. thanks again for all your help.
We had the pleasure of having Justin Burton on my parents case. From the moment we reached out, his staff was incredibly welcoming and took the time to really listen to our concerns. We never felt rushed or like just another case, Justin made sure we understood every step of the process and answered all our questions with patience and clarity. What really impressed us was how Justin and staff…
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