H1B Visa Lawyer in NYC

New York City H1B Visa Lawyer

To meet the requirement of an H-1B 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 specific duties required for the position are 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 H-1B 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 means applying for other visas, including ones that lead to a Green Card.



Partners at Chan Law Firm

New York H1B Visa Lawyer
Min Chan Best Visa Lawyer in New York

Min Chan

Managing Partner

Since 1998, Ms. Chan is licensed to practice law in New York and New Jersey. She is a prominent EB-5 immigration attorney who has been featured in China Daily, The Real Deal, The New York Times, EB-5 Investors Magazine and other major publications.

Mike Coat Tie Headshot


Government Relations

With over 40 years of international diplomacy, Michael McClary is a retired U.S. federal executive with the Department of Energy. Mr. McClary graduated from the U.S. Military Academy at West Point and served in the U.S. Army in Germany and Vietnam.

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CRX, Director of Finance

Lamont Blackstone is the principal of G.L. Blackstone & Associates, an urban commercial real estate consulting company. With over 25 years of experience in real estate and finance, Mr. Blackstone is the recipient of the Distinguished Service Award of the Board of Trustees of the International Council of Shopping Centers.


H1B Visa Lawyer in New York

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