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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Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett, we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and for standing by me during such…
I used their services for my case, and everything went smoothly. Rafael and Matthew are very knowledgeable and helpful, and answered all my questions. I highly recommend them!
I have used their services since 2022, and my experience was great. My own case was successfully finished this year. I want to say Matt and Raf were of great help throughout, and also Jennifer, who attended the interview with me. I would highly recommend their services.
Mr. Jeffery and Mr. Kevin Racia were the attorneys handling a complex immigration case of mine. On the assurance of both attorneys that the case is going to be presented in a systematic way, I went ahead with confidence. I was able to become a legal permanent resident. I highly recommend Kriezelman Burton & Associates, LLC for all your immigration needs.
Thank you, thank you, thank you to the remarkable team of Khiabett Osuna, Brittani Rivera, and Rafael Rodriguez, who were responsible for the successful release from detention of one of our parishioners, husband and father of four, after over 10 weeks of incarceration. From his detention to the payment of his bail and from Immigration Court to his reunion with his family, there were blessings aplenty made possible through the…
I would like to express my sincere gratitude to my attorney, Brittni Rivera, for her professionalism and support during a very difficult time. I was in detention for 6 months, and thanks to her hard work and filing a habeas corpus petition, I was finally released. In addition, when I was released, ICE did not return my documents. Brittni did not ignore this issue — she took action and successfully…
My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
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