H1B Visa Lawyer in NYC

To meet the requirement of an H1B specialty occupation, a position must meet at least one of the following requirements:

  • A bachelor’s or higher degree (or its equivalent) is usually the minimum requirement to enter the specific position
  • The degree requirement is common to the industry in similar positions among similar organizations or, alternatively, an employer may show that its particular position is so complex or unique that only an individual with a degree can perform it;
  • The employer typically requires a degree or its equivalent for the position; OR
  • The nature of the specific duties required for the position is so specialized and complex that the knowledge needed to perform the duties is usually associated with a bachelor’s or higher degree.

Educational requirement:

    • Have a Bachelor’s degree or higher degree from an accredited U.S. university; or a foreign equivalent of a U.S. Bachelor’s degree or higher degree;
    • The degree corresponds with the area of work; and
    • Hold an unrestricted state license or certificate.

Knowledge requirement:

    • Theoretical and practical application of knowledge and skill; and
    • Specialized training

This means the job position must:

  • Require no less than the equivalent of a U.S. bachelor’s degree in a field that is related to the position, and
  • The Applicant must have no less than the equivalent of a U.S. bachelor’s degree in an area related to the position’s requirements.

There are various advantages to working under an H1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models Visa. These advantages include the following:

  • Ability to work part-time.
  • Working for multiple employers, which can lead to stronger earnings.
  • Portability. You are not stuck to the first employer and can transfer your H-1B Visa if you meet certain requirements.
  • Mobility. You are allowed to take time off, take sick days or vacation time.
  • Employee rights to certain work conditions and benefits.
  • Your children can attend school.
  • Spouses can get a visa too and apply for employment authorization.
  • Potential to have your H-1B visa petitions employer sponsor you for permanent residence.
  • Can start your own business.
  • Flexibility in length of visa through the ability to extend the visa but not be obligated to stay in the same position and with the same employer forever.
  • Dual Intent Visa which means ability to apply for other visas, including ones that lead to a Green Card.

Retaining an H1B immigration lawyer with experience and knowledge of the process is absolutely necessary when handling such important immigration matters.

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