Did you know that one of the most popular employment-based visas is the H-1B visa? This is reserved for those who have specialized skills to work in specific occupations. If you are considering applying for this kind of visa, understanding if you are eligible is critical, as there is an H-1B visa cap, meaning the number of available visas are limited annually. As such, you’ll want to keep reading to learn more about this option and discover the importance of working with an H-1B visa – specialty occupations and fashion models attorney to help you navigate this process.
What Is an H-1B Visa, and How Do I Obtain One?
An H-1B visa is a nonimmigrant visa that allows someone to obtain employment for specialty occupations. In order to obtain this kind of visa, you’ll need to be sponsored by your employer, who will file the application on your behalf.
It’s also necessary to understand what constitutes a specialty occupation. Typically, this means the position requires specialized knowledge or training. In addition, you must have at least a bachelor’s degree in the field. Common industries for H-1B visas include engineering, sciences, math, and business. However, an advanced degree, like a Master’s, may be required for the position.
In addition, it’s imperative to understand that there are certain salary requirements that must be met for H-1B employees. The employer must receive either prevailing or actual wages, depending on which is higher. Prevailing wages reflect the salaries paid to workers in similar roles in the area, while actual wages represent the salary other employees in that position receive.
However, you should note that H-1B visas are also available to fashion models. However, like the specialty occupation, a model must meet certain criteria, like a distinguishable reputation or employment for an event by a reputable company.
How Does the H-1B Visa Cap Work?
The H-1B visa is limited by an annual cap that determines how many of these visas can be extended every year. Current regulations limit these visas to 65,000.
However, you should note that there are some exceptions. For example, there are an additional 20,00 H-1B visas available to those who hold a United States master’s degree or other equal certification. As such, there are a total of 85,000 H-1B visas available annually. It’s also important to note that, of the initial 65,000 visas, 6,800 are reserved for Chilean or Singaporean applicants.
Additionally, there are some H-1B petitions that are not subject to the cap. Any petition to extend the visa or transfer jobs will not be counted toward the cap, as the initial application was counted. Additionally, any petition from an employer at a higher education institution, higher-education non-profits, or government researchers, is not subject to the cap.
Unfortunately, the H-1B visa process is incredibly complex, as there are a number of regulations and rules that change, impacting employers and workers alike. As such, it’s critical to work with an experienced immigration attorney with Goel & Anderson during these matters to discuss your legal options. Our firm can help guide you through this process so you can improve your chances of a favorable outcome. Contact us today to learn how we can assist you.
