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H-1B & Other Non-Immigrant Visas

Dedicated Chicago Immigration Attorneys

Non-immigrant visas are visas that are issued to individuals who wish to enter the United States on a temporary basis. To obtain a non-immigrant visa, a person must have a specific reason to be in the United States. These visas can be for study, work, tourism, or to be with family. Some of the more commonly issued non-immigrant visas are discussed below, with special attention paid to H-1B Visas for specialty workers.

H-1B Visas

H-1B Visas are issued to specialty workers and allow U.S. companies to recruit and hire individuals from overseas. These visas are obtained on a worker’s behalf (the beneficiary) for the purposes of employment, and an individual may not apply for an H-1B visa. H-1B visas are often used by U.S. companies to hire computer programmers, engineers, or scientists, as well as people in other professions.

There are several requirements involved with obtaining an H-1B Visa, including the following:

  • An employer-employee relationship must exist with a U.S. employer – In order for this requirement to be met, an employer must be able to hire, terminate, pay, oversee, or otherwise control the work performed by the individual for whom they are seeking a visa.
  • The position must qualify as a specialty occupation – In order to qualify as a specialty occupation, one of the following criteria must be met: a degree is required for the position, the employer normally requires a degree or its equivalent for the position, the degree requirement is common for the position or the job is so complex that it can only be performed by a person with a degree in the field, or the duties required are so specialized and complex that the knowledge required to perform them is generally associated with obtaining a bachelor’s degree or higher.
  • The position must be a in a specialized occupation related to the beneficiary’s field of study – This can be established through the presentation of evidence, including an explanation of the position or opinions from experts describing the way in which the degree is related to particular job duties.
  • The wage must be at least the actual or prevailing wage for the occupation, whichever is higher – This is determined by looking at the position in which a person will be employed and the geographic location in which the position is.
  • There must be H-1B Visas available at the time of filing – There is a numerical limit for the number of H-1B visas that can be issued in a given fiscal year.

Other visas

There are many other visas available for non-immigrants for a variety of purposes, including the following:

  • Business visitors
  • Visitors for pleasure or medical treatment
  • Academic or language students
  • Spouses of students
  • Foreign travelers in transit
  • Crew members of ships or airplanes
  • Certain intracompany transferees
  • Religious workers
  • Exchange visitors
  • Artists and entertainers

Contact a Non-Immigrant Visa Attorney Today to Schedule a Consultation

Obtaining a non-immigrant visa for yourself or an employee can be complicated task with many potential issues that may arise. For this reason, it is extremely important for anyone seeking an H-1B or other type of non-immigrant visa to discuss their situation with an experienced attorney. The non-immigrant visa attorneys of Kriezelman Burton & Associates, LLC are dedicated to providing professional and aggressive legal counsel and representation to people with issues related to immigration law. To schedule a consultation with one of our lawyers, call our office today at 312-332-2550.

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