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H1B (Professionals)

H-1B Visa Attorney in Orlando

Skilled Legal Guidance for Employers & Employees

The H-1B visa is a specialized nonimmigrant employment visa for individuals who wish to work in the United States in occupations that require specialized knowledge and/or skills. It is one of the most common visa types for employers in the U.S. to sponsor foreign workers in fields such as IT, finance, engineering, and medicine. The H-1B visa program also extends to the fashion industry, offering opportunities for fashion models who demonstrate distinguished merit and ability.

At The Sekou Clarke Law Group, we understand the complexities of the application process and are here to guide you every step of the way. Our Orlando H-1B visa lawyer can help you file your application, gather the necessary documentation, and assist you in meeting all relevant deadlines.

Are you ready to begin your immigration journey? Get in touch with our team today by calling (407) 269-8774 or contacting us online.

Requirements for the H-1B Visa

Several requirements must be met for employers and employees to be eligible for the H-1B visa. Understanding the intricacies of these requirements can be challenging, especially given the many provisions for exceptional circumstances. With this in mind, we encourage you to consult with our law firm to determine your eligibility for the H-1B visa process. 

Eligibility requirements for the H-1B visa include:

  • The job the foreign worker is being hired for must be a specialty occupation.
  • The foreign worker must have a U.S. bachelor’s degree or higher in the field of study related to the job (equivalent foreign degrees also qualify). 
  • The employer must prove they could not find a qualified US worker to fill the position.

There is also a lottery system in place for the H-1B visa. Each year, only 65,000 H-1B visas are available, with an additional 20,000 visas available to foreign workers with a master’s degree or higher. Higher education institutions and/or affiliated or related nonprofit entities are exempt from the H-1B visa cap. 

How Long Does the H-1B Visa Last?

The H-1B visa is initially valid for three (3) years and, typically, can be extended for a total of six (6) years. Certain circumstances allow the visa to be extended beyond the six-year limit, but these are limited. Those who believe they qualify for an extension of their H-1B visa beyond the typical 6-year period are encouraged to consult with a qualified immigration attorney, like ours at The Sekou Clarke Law Group, for guidance.

How Do I Apply for an H-1B Visa?

To apply for the H-1B visa, employers must submit a Labor Condition Application (LCA) to the Department of Labor (DOL). After the LCA has been certified by the DOL, the employer must file the Form I-129 petition with the US Citizenship and Immigration Services (USCIS). The employer must file the I-129 petition; the foreign worker cannot file it on their own.

Once the USCIS has approved the I-129 petition, the foreign worker may apply for an H-1B visa at the US embassy or consulate in their home country. Additionally, the H-1B visa applicant must formally request entry into the United States from U.S. Customs and Border Protection (CBP) under the H-1B visa category.

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What Our Clients Are Saying

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    Mr Clarke very professional lawyer he represented me and a couple of family and friends would recomend him to anyone who wants real honest professional help.
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    He kept me informed of every step that was taken to successfully complete my divorce.
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