Changes In The H1-B Visa Process

Do you have a gifted foreign-born employee who you would like to keep working for your company? Are you finishing a bachelor's or advanced degree and looking at next steps to obtain a work visa or employment-based green card? Because immigration laws and policies are the subject of frequent change, you need to seek guidance from an up-to-date immigration lawyer who can provide a clear assessment of your options.

At the Law Office of Suzanne Granja, in San Diego, our founding attorney has focused on immigration matters for the last 20 years. These years of experience and her detailed preparation ensure a well-prepared case filing that will help deal with ongoing changes to the interpretation of H-1B regulations (such as Level 1 wage issues and determining whether a position is a specialty occupation).

Learn how attorney Suzanne Granja can help. Call 760-494-0302 for a free telephone consultation.

What Are The H1-B Requirements?

Each year a limited number of H1-B employment visas are available. A lottery determines which petitions are selected in any given year. To qualify for an H1-B employment visa there are the following basic requirements that include:

  • Employer sponsorship
  • A certain level of education — generally a bachelor's degree of higher — and your job needs to be related to your field of study
  • You must be paid a prevailing wage for your occupation
  • The position offered must meet the criteria of specialty occupation

Because each situation is unique, Ms. Granja can review with you in more detail the steps in this process. Other employment-based immigration options are also available such as O-1, L-1 or possibly an E investor visa.

Changes To US Immigration?

In 2017, U.S. Citizenship and Immigration Services announced it would expand in-person interviews at local service center offices. The requirement will affect those who file adjustment of status application based on employment (Form I-485, Application to Register Permanent Residence of Adjust Status). This is a significant change as applicants in this category have not needed to attend in-person interviews since the 1990s.

What does this mean? It is crucial to have an experienced attorney review your application and background to identify any concerns (for example, a DUI charge that was later dismissed) and form a strategy so there are no surprises. An immigration attorney can also help prepare you for the interview and attend it with you to protect your rights and ensure your case is presented in the best possible light. This is where working with an immigration attorney with past experience in civil litigation can be an asset.

Be Prepared

Options still exist to achieve your immigration goals. Attorney Suzanne Granja will explain what they are and help you along the way. Email us or call 760-494-0302 to schedule a free telephone consultation.

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