Texas H-1B Specialty Worker Visa Attorneys

H-1B Specialty Worker Visa

An H-1B Visa (Specialty Occupation) is a non-immigrant visa that is available to a foreign national who has been offered a job by a United States company for services to be performed in the United States. H-1B Visas are available to workers in specialty or professional occupations. It allows you to stay and work in the U.S. for an initial period of three years, but not to exceed six years. H-1B Visa holders can travel in and out of the United States, when it has been granted by a United States Consulate. Spouses and unmarried children under the age of 21 may receive visas as well.

1. SPECIALTY OCCUPATIONS:

The H1B classification is for "specialty occupations" only. The occupation must require a bachelor's degree or equivalent for the application of theoretical and highly specialized knowledge. Likewise, the foreign worker must possess at least a bachelor's degree or its equivalent and state licensure (if required) to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer. The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum.

2. ELIGIBILITY:

To qualify for the H-1B visa, an individual must provide evidence that they have the capability to work in a specialty occupation; that they are seeking to enter the U.S. temporarily; that they are seeking to enter to work in a professional capacity; and that they have a minimum of a bachelor's degree or equivalent experience.

3. CRITERIA:

•· Available for occupations requiring the theoretical and practical application of specialized knowledge, usually acquired through higher education

•· Applicant for an H-1B visa must possess a minimum of a Baccalaureate Degree or its equivalent (certain work experience may qualify)

•· Must be the recipient of a job offer from a US company

•· The employment is "employer specific," but may be able to work for more than one employer

•· Employment cannot start until the H-1B visa holder enters the US

•· Employers must have a labor condition attestation on file with the U.S. Department of Labor before they can sponsor for an H-1B visa

4. H-1B VISA PRIVILEGES:

•· If you have an H-1B visa you may legally work in the US

•· H-1B visa holders may bring his/her spouse and dependents less than twenty-one years of age to the US on H-4 visa

•· Dependents with the H-4 visa can attend US schools, colleges and universities, but cannot work

•· H1B visa holders may travel in and out of the U.S.

•· May change employer without losing status (if approved by DHS/CIS)

•· May apply for permanent residence without losing H-1B status

5. DURATION:

As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).

Your employer will be liable for the reasonable costs of your return transportation if your employer terminates you before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign your position. You must contact the Service Center that approved your petition in writing if you believe that your employer has not complied with this requirement.

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.

H-1C Temporary Nurse Visa

The H-1C work visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform temporary services as a registered nurse in a health professional shortage area as determined by the U.S. Department of Labor. Only 500 H1C visas are granted annually. The visa is valid for three years and cannot be extended. In order to qualify for the H1C visa, the nurse must be licensed or have obtained a nursing degree in the US and pass the NCLEX-RN exam.

Spouses and children of H1C visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment.

The H-1C nonimmigrant category was introduced in 1999 specifically to address the shortage of nurses in the United States. Applying for an H-1C nonimmigrant visa is a multi-step process that involves coordination from Dept. of Labor and U.S. Citizenship and Immigration Services. Prior to filing a petition with USCIS for an H-1C visa, Dept. of Labor must provide an attestation to petitioning hospitals certifying that they meet the qualifications as required by regulation. Among the qualifications, hospitals are required to be located in a "health professional shortage area."

The Department of Labor has identified the following hospitals as eligible to participate in the H1C program, though other hospitals may also be eligible:

•· Beaumont Regional Medical Center, Beaumont, Texas

•· Beverly Hospital, Montebello, California

•· Doctors Medical Center, Modesto, California

•· Elizabeth General Medical Center, Elizabeth, New Jersey

•· Fairview Park Hospital, Dublin, Georgia

•· Lutheran Medical Center, St. Louis, Missouri

•· McAllen Medical Center, McAllen, Texas

•· Mercy Medical Center, Baltimore, Maryland

•· Mercy Regional Medical Center, Laredo, Texas

•· Peninsula Hospital Medical Center, Far Rockaway, New York

•· Southeastern Regional Medical Center, Lumberton, North Carolina

•· Southwest General Hospital, San Antonio, Texas

•· St. Bernard Hospital, Chicago, Illinois

•· Valley Baptist Medical Center, Harlingen, Texas

1. ELIGIBILITY:

To qualify for an H-1C visa you must:

•· Have a full and unrestricted nursing license in the country where your nursing education was obtained, or have received a nursing education and license in the United States

•· Be authorized by the appropriate U.S. State Board of Nursing to practice within the state

•· Have passed the examination given by the Commission on Graduates for Foreign Nursing Schools (CGFNS), or have a full and unrestricted license to practice as an Registered Nurse in the state where you will work, or have a full and unrestricted Registered Nurse's license in any state and have received temporary authorization to practice as an Registered Nurse in the state where you will work. For more information, please see the Commission on Graduates for Foreign Nursing Schools (CGFNS) link to the right

•· Have been fully qualified and eligible under the state laws of the state of intended employment to practice as a Registered Nurse immediately upon admission to the United States

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.