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Home > Business Immigration > Professionals > H-1B Visas

H-1B Work Visas for Professionals

U.S. employers may petition for a foreign worker to enter the U.S. to work in a "specialty occupation" under the H-1B visa program.

Qualifying H-1B positions require a specialized degree or equivalent experience.  These positions require a theoretical and practical application of highly specialized knowledge, normally associated with obtaining a bachelor's degree in the field.

Before submitting the H-1B petition, a Labor Condition Application (LCA) must first be filed with the Department of Labor, binding the employer to certain notice, pay, and other working condition requirements.

Initial H-1B visas are issued for 3 years, and can be extended for an additional 3 years. Further extensions may be available based on filed labor certifications and approved immigrant petitions. Learn more about PERM labor certifications and how D.Ray Mantle can help with your green card process.

A treaty with Australia also provides Australian professionals with the ability to work in the U.S. in E-3 status, a category similar to H-1B.

In prior years, high demand for new H-1B visas quickly exhausted the annual quota, and employers rushing for the April 1 filing deadline were still subjected to a random lottery. With high unemployment and job cuts in today's economy, H-1B employers and workers are facing new challenges.

How do I file?

Only the employer is eligible to file a petition for an H-1B work visa. The required H-1B petition fees and training fees are posted on our website under for your quick reference. The I-129 petition is a legal case and mistakes or misrepresentations can jeopardize your chancesFees of ever coming to the United States. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the H-1B petition is complete and includes all of the necessary evidence to support your eligibility.

What happens after I file?

After your H-1B petition is filed, USCIS will mail an official receipt to the employer so you can track the processing of your case. If your H-1B petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays with your H-1B application.

Normally, when USCIS approves the H-1B petition, notice will be sent to the U.S. Embassy closest to the foreign nationals foreign address, where they can schedule a visa interview. If the beneficiary is already in the United States in a different visa status, their status may be changed at the same time the H-1B petition is approved. Even if your status is changed in the United States, you will need to obtain a new H-1B visa if you ever depart the United States for travel.

How long will it take USCIS to process my H-1B petition?

Processing time depends on a number of factors. You can check USCIS current processing times on our web site. USCIS offers Premium Processing Services for most work visa categories. With payment of the additional Premium Processing fee, USCIS will provide a response to your H-1B petition within 15 days.

Help with Business Immigration

D.Ray Mantle assists employers and employees in obtaining H-1B work visa results in a timely, personal, and professional manner. Whether you are applying for an initial H-1B visa, or you are transferring an existing H-1B to a new employer, Mr. Mantle has the experience you need.

Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and ensures that your final applications meet all government requirements.

If you would like to understand more about the application process and to find out if you qualify for an H-1B visitor visa, please contact D.Ray Mantle for a consultation.