Citizenship / H1-B Visa

Citizenship

The federal immigration laws administered by the USCIS (“United States Customs and Immigration Service”) determine who can remain and who must leave the country. They also provide the opportunity for a foreigner to become a citizen of the United States. The attorneys at Jain Law Firm are dedicated to helping individuals who desire citizenship in the USA. We take pride in our success rate and are confident when dealing with all immigration issues. It is important to have legal representation during all steps of the immigration process from the initial interview through achievement of citizenship. Clients can benefit from the legal services of proper and timely submission of applications, representation during critical USCIS interviews, and other required procedures. Jain Law Group is committed to helping our clients achieve their goals of citizenship in the USA.

The government provides information on gaining U.S. citizenship through the USCIS and at Jain Law Firm the lawyers are ready to help our clients through each step of the process as outlined by the federal government and the codes involved. There are certain requirements for those who wish to become citizens of the U.S.:

  • An applicant must be at least 18 years old
  • Applicant must be of good moral character
  • Applicant must be a lawful permanent resident of the U.S.

If you’re interested in becoming a USA citizen, an attorney at Jain Law Firm can offer you helpful information.

H-1B Visa

H-1B Visa: Specialty Occupation Temporary Workers

At the Jain Law Firm, we have handled numerous cases and have the necessary experience involving H-1B Visas. The H1B Visa allows US companies to employ foreign workers in specialty occupations that require expertise in the field of the specialty occupation. Generally, an H-1B Visa applicant must possess at least a bachelor’s degree. The H-1B visa holders can be employed by the petitioning company for up to six years.

Visa Cap

H1B visas are subject to annual cap and the US employers can begin applying for the H-1B petition after April 1. Upon approval of the H1B petition, the foreign worker may start working starting October 1. The immigration fiscal year is from October 1st through September 30th.

Each fiscal year, 85,000 H1B visas become available which includes 65,000 issued for overseas workers in professional or specialty occupation positions, and an additional 20,000 for those with an advanced degree from a U.S. academic institution. When the visa cap is reached, USCIS will no longer accepting H-1B petitions.

Eligibility

The H-1B visas are issued for individuals who will be working in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:

  1. Have a minimum requirement of a Bachelor’s or higher degree or its equivalent.
  2. The required degree for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
  3. The degree or its equivalent for the position is normally required by the petitioning employer.
  4. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

To qualify for the specialty occupation, the foreign worker must meet one of the following criteria:

  1. Completed a bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university.
  2. The degree earned outside the U.S. must be equivalent to a U.S. bachelor’s degree in the specialty occupation.
  3. Any state license, registration, or certification the foreign worker holds must allow the individual to practice in the specialty occupation and be engaged in that specialty in the state of intended employment.
  4. Must hold education, training, or experience in the specialty that is equivalent to the completion of such a degree, and the positions held must be progressive and responsible and directly related to the specialty.

Period of Employment

The H-1B visa is granted for up to three years and may be extended to a maximum of six years. During the employment period, the H-1B visa holder may apply for and obtain a US Green Card.

Family

The H-1B visa holder’s spouse and children under 21 years of age may apply for H-4 to follow. Unlike L-2 holders, the spouses of H-1B holders are not allowed employment authorization in the U.S.

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