If you are a foreign worker with the big American dream of working for firms here, it is pertinent that you inquire about the H-1B visa in detail. The H-1B visa is a work permit for professionals who hold specialty occupations. As the applicant, you must be sponsored by an employer in the US, who will pay for the visa fees and complete the necessary paperwork. Whether you are a prospective employee or an employer, hiring a lawyer may help with immigration matters. Law firms in Dallas, such as Pollak Immigration, PLLC, can offer the support you need. Here are a few pointers about the H-1B visa.
Dismissed/termination on an H-1B visa
The H-1B visa is initially valid for three years but can be extended up to six years. What happens if you decide to quit your job or are terminated while on an H-1B in the US? There are three options. The first option is finding a new job and completing the required documentation. You could also consider applying for a change in status, depending on the circumstances. The third option is to return to your home country, or you could be deported. If you decide to look for a new job, the grace period is 60 days.
Being on an H-1B visa
The H-1B visa is often desirable for many professionals because it allows family members to come and stay with the visa holder. The spouse and children (only kids below 21 years) can file for the H4 Visa and have rights like going to school, opening bank accounts, and getting a social security number. The H4 visas are only valid for as long as the primary visa holder has a valid H-1B visa.
Qualifying for the H-1B visa
You need to have a bachelor’s degree in the relevant field concerning the prospective job. Those with a master’s degree may have a slight advantage in the selection process. You could also have valid experience in lieu of the degree. The employer must also demonstrate that they didn’t find qualified people within the US to work for the position. The truth is immigration laws are complex and often very hard to understand, which is why it makes sense to seek legal help from day one.
The employer is required to file the LCA with the Department of Labor (DOL), which can be done online through the iCERT Portal System. The LABOR CONDITIONS APPLICATION states that the employee will get the prevailing wage or higher. Talk to an attorney to know more.