Kara Sears
The H-1B visa is a non-immigrant visa that allows US employers to employ foreign workers in specialty occupations. The H-1B visa is generally required for professions that require state or local licenses, such as law. While it is possible to start a company and sponsor your own H-1B visa, it cannot be used for self-employed people. The H-1B process can be complex, and an immigration attorney can help ensure a successful visa application or renewal. Attorneys with more experience in petition practices for H-1B visas tend to charge higher fees.
| Characteristics | Values |
|---|---|
| H-1B Visa Sponsorship | Requires sponsorship by a U.S. employer for a fiscal year |
| License to Practice | Varies by state and occupation; some require a state or local license |
| Visa Extensions | Possible beyond six years under certain conditions, such as EB-1, EB-2, or EB-3 classifications |
| Visa Costs | Typically, U.S. immigration lawyers cost between $500 to $2500, depending on the visa type and application requirements |
| Immigration Attorney | Recommended due to the complex nature of employment immigration cases; attorneys with experience in H-1B visa laws are preferred |
| Self-Sponsorship | Not possible for self-employed individuals; an alternative is to have a family member as the sponsor |
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What You'll Learn
H-1B visa requirements for self-employed people
The H-1B visa is a non-immigrant visa that allows US companies to employ graduate-level foreign workers in specialty occupations, including law, that require technical expertise in fields such as IT, finance, accounting, architecture, engineering, and more. The H-1B visa is typically valid for three years and can be extended up to six years.
H-1B visas are sponsored by employers, and self-employed individuals cannot use them. However, there are a few alternative options for self-employed individuals:
National Interest Waiver (NIW)
The NIW is an exemption of the EB-2 visa category, which waives the job offer and labour certification requirements if it is in the national interest of the US. This option is suitable for entrepreneurs whose work will benefit the US's national interest.
E-2 Visa
The E-2 visa is for treaty investors, allowing non-immigrants to enter the US if they maintain significant investments in the country. There are no mandatory limits on the investment amount, but it should be enough to justify the worth of the investor's success in the US. To qualify, the treaty investor must be a national of a country with which the US maintains treaty relations of navigation and commerce and must actively invest in an affiliated organisation in the US.
EB-2 Visa
The EB-2 visa is an immigrant visa that allows foreign nationals who hold an advanced degree to obtain permanent residence in the US.
It is important to note that the visa application process can be complex, and it is recommended to consult an experienced immigration attorney to ensure compliance with all requirements and increase the chances of approval.
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The importance of an immigration attorney
The process of immigrating to a new country can be complex and challenging, and the United States is no exception. The U.S. immigration system is notoriously intricate, with a myriad of rules, laws, and regulations that must be navigated to ensure a successful visa or immigration status. This is where the expertise of an immigration attorney becomes invaluable.
An immigration attorney is a licensed professional who has the right to offer legal services and represent clients in immigration court. They possess in-depth knowledge of immigration laws and are well-versed in the various visa categories, including work visas such as the H-1B, family visas, and student visas. Their expertise extends beyond visa applications, as they can also assist with maintaining visa validity, ensuring compliance with American immigration rules, and navigating complex processes such as appeals and denials.
Additionally, an immigration attorney can provide essential support during the visa application process. They can help individuals choose the most suitable visa type, guide them through the required documentation, and increase their chances of a successful application. Attorneys with experience in H-1B visa petitions tend to be more costly, but their expertise can make a significant difference in obtaining approval.
Moreover, an immigration attorney's role extends beyond the initial visa application. They can assist with maintaining visa status, including providing guidance on extensions or changes to an individual's visa. In the event of a visa denial, a qualified immigration attorney can help file for reconsideration or appeal, leveraging their knowledge of U.S. case law and previous successful appeals.
In conclusion, the importance of an immigration attorney cannot be understated for individuals seeking to immigrate to the United States. Their expertise, knowledge, and experience can make the difference between a denied or approved visa application, ensuring a smoother transition to life in a new country. While the cost of hiring an immigration attorney can vary, the value they bring in terms of legal expertise and peace of mind is immeasurable.
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H-1B visa costs
The H-1B visa is a type of work visa that allows US businesses and organisations to employ foreign nationals with graduate-level qualifications or sufficient knowledge and expertise in specialty occupations. The H-1B visa application process can be complex, and it is recommended to hire an immigration attorney to ensure a smooth process and timely filing. The cost of hiring an immigration attorney for an H-1B visa application can vary depending on their experience, typically ranging from $500 to $2500. Some attorneys may charge higher fees for their expertise and experience in handling work visas.
The H-1B visa application process involves multiple fees, including filing fees and government fees, which can total around $2500 on average. The basic filing fee for an H-1B visa petition is $460, and it is mandatory for all H-1B visa applications. This fee covers Form I-129, the Petition for a Nonimmigrant Worker. The employer is responsible for paying this fee, and it is considered a business expense.
In addition to the basic filing fee, there are several other fees associated with the H-1B visa application:
- The Fraud Prevention and Detection Fee of $500, which is required for all new H-1B petitions.
- The American Competitiveness and Workforce Improvement Act (ACWIA) Fee, which varies depending on the size of the sponsoring company. For companies with 25 or fewer employees, the fee is $750, while for companies with more than 25 employees, the fee is $1,500.
- The Asylum Program Fee of $600.
- The Premium Processing Fee of $2,805 for expedited processing is optional.
- The H-1B electronic registration fee for each new cap-subject petition is currently set at $215 per beneficiary.
It is important to note that any H-1B petition submitted with the incorrect filing fee will be rejected. The fees outlined above are subject to change, and it is recommended to refer to the official USCIS website for the most up-to-date information on H-1B visa costs and fees.
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H-1B visa extensions
H-1B visas are typically valid for an initial period of three years, with the possibility of extension for up to six years. However, there are some exceptions to this six-year limit. For instance, if an individual is in the process of obtaining a green card, they may be eligible for one-year extensions while waiting for their priority date to become current.
To extend an H-1B visa, the sponsoring employer must file Form I-129 (Petition for a Nonimmigrant Worker) with the U.S. Citizenship and Immigration Services (USCIS) before the current visa expires. This form should include all required supporting documents and fees. The petition should demonstrate the ongoing need for the employee, their maintained eligibility, and the specialty nature of the job. It is recommended that the extension petition be filed up to six months before the current visa expires.
The USCIS will then review the application and make a decision. If the H-1B visa extension petition is approved, the USCIS will issue an Approval Notice (Form I-797), which extends the beneficiary's authorized stay in the U.S. The processing time for an H-1B extension typically ranges from 1.5 to 3 months, or 4 to 8 months, depending on the service center handling the case and other factors.
While the extension petition is pending, it is crucial for the H-1B visa holder to maintain lawful status, including refraining from unauthorized employment and overstaying the expiration date of the current visa.
It is important to note that the H-1B visa extension process can be complex, and seeking the assistance of an experienced immigration attorney can be beneficial. They can guide you through the process, ensuring that all requirements and deadlines are met, and improving your chances of approval.
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H-1B visa and state bar exam
The H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or equivalent in a specific specialty. Examples of specialty occupations include sciences, medicine, healthcare, education, and business specialties. The H-1B visa is typically valid for up to three years and can be extended in certain circumstances.
To be eligible for the H-1B visa, the prospective worker must meet the requirements for a specialty occupation, which typically includes having a bachelor's degree or higher in a specialized field. The degree requirement is common to the industry, or the job is so complex or unique that it can only be performed by an individual with a degree. The employer normally requires a degree or its equivalent for the position, and the nature of the specific duties is so specialized and complex that the knowledge required is usually associated with a degree.
The process of obtaining an H-1B visa typically involves the following steps: First, the employer/agent must apply for and receive certification of a Labor Condition Application (LCA) from the Department of Labor (DOL). Second, the employer/agent must file Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). Third, the prospective worker must apply for the visa and/or admission to the United States. It is important to note that the H-1B visa requires sponsorship by a US employer, and self-employed individuals cannot sponsor themselves for this visa. However, it is possible to start a company and have a family member act as the sponsor.
While the H-1B visa is a popular option for employers and workers, the process can be complex, and it is recommended to consult an experienced immigration attorney to navigate the rules, laws, and regulations. An immigration attorney can assist with the visa application and renewal process, ensuring compliance with the requirements and improving the chances of approval. Attorneys with more experience in H-1B visa petitions tend to charge higher fees, but they may offer a better chance of a successful outcome.
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Frequently asked questions
To practice law with an H1-B visa, you must be licensed to practice law in the US. Some states require a state or local license to practice law.
While it is not necessary, an immigration lawyer can be beneficial. The visa application and renewal process can be complex and time-consuming, and an experienced lawyer can help navigate the rules, laws, and regulations.
No, an H1-B visa must be sponsored by a US employer and cannot be used by self-employed people. However, you can start a company and have a family member be the president and sponsor you.
