Corporations seeking the best talent can sponsor employees in a set of specialty occupations, allowing them to live and work in the United States on a temporary basis. If you’re seeking a foreign professional in one of these highly specialized fields, an Austin, TX, H-1B attorney can help:
- Verify all requirements are met
- Explain how the lottery system works
- Navigate the challenging application process
Austin alone, from Silicon Hills to Round Rock and NW Austin, has thousands of employees working on H-1B visas. Automakers and tech companies rely on the top-tier talent that applicants offer to fill their ranks.
At Alcorn Immigration Law, we offer the immigration services that startups, tech companies, and other corporations need to hire and retain foreign talent using a strategic, tailored approach.
Call us at +1 (855) 546-0015 to begin the H-1B visa petition process with the help of an attorney.
H-1B Eligibility Requirements
H-1B visas come with significant requirements that must be met by the employee and employer. Employers must:
- Extend a job offer to the beneficiary. An oral or written contract may be necessary.
- Show evidence supporting the need for a visa for the beneficiary and a lack of qualified applicants in the United States.
- Create a valid employer-employee relationship.
Labor conditions must also be met, such as no ongoing lockout or strike and working conditions that do not impact U.S. workers.
Valid relationships must be maintained, including that the petitioner (the hiring company) benefits from the beneficiary’s work, that work is evaluated, that the employer can hire or fire the employee and that tools or other equipment are supplied to the beneficiary to carry out their duties.
Visas are an option for specialty occupations.
What is a “Specialty Occupation?”
As an Austin, TX, H-1B attorney, we know that “specialty occupation” is a vague term, but it remains a key component of the petition process. To qualify, beneficiaries must have theoretical or practical knowledge in a highly specialized field and a bachelor’s degree or higher, or the equivalent.
The visa duration is three years, with the option to extend the visa by an additional three years.
Exceptions for Workers Who Do Not Meet Academic Requirements
Beneficiaries who lack the necessary academic requirements can still qualify if they have a combination of:
- Education
- Experience
- Training
Petitioners must prove that the beneficiary’s prior work provides specialized knowledge equal to a standard degree. Evidence can include but is not limited to:
- Licensure
- A significant contribution to a field
- Professional membership or association
Experience often meets the same educational time commitment necessary for a degree. If someone in the same position requires a master’s degree, a bachelor’s degree with years of experience may suffice.
How the H-1B Lottery Works
H-1B visas are subject to annual caps and limitations. Exemptions do exist for certain institutes, including:
- Government or nonprofit research organizations
- Nonprofit entities with high education affiliations
- Nonprofit or public higher education institutes
The H-1 B visa cap is 65,000, with an additional 20,000 for holders of master’s or doctorate degrees from U.S. institutions of higher education.
Petitioners sponsor the employee and will be required to complete the application process, which includes:
- Submitting the Labor Condition Application (LCA). Applications verify that hiring a foreign worker will not impact U.S. employees’ working conditions or wages.
- Submission of Form I-129, Petition for a Nonimmigrant Worker. Form I-129 is submitted after the LCA is approved. Supporting documentation and a $510 fee – potentially more – will be necessary.
Supporting documentation must be supplied to improve the chances of a petition’s approval.
What Happens If You Are Selected in the H-1B Lottery?
If you’re selected for the H-1B lottery, the visa is valid for three years and has an optional extension of an additional three years. In some circumstances, a further extension may be possible.
H-1B visa holders may be able to seek a Green Card for permanent residency without negatively impacting their H-1B status.
If approved, family members can also accompany you to the United States on an H-4 visa. As dependent visa holders, families cannot work while in the country, but they can live and study here.
We can also help your family seek alternative avenues to help you achieve this goal.
What Happens If You Are Not Selected in the Lottery?
If you are not selected in the H-1B visa lottery, alternative paths may be available to achieve your immigration goals, including:
The O-1A Extraordinary Ability Founder Visa
The O-1A visa is a nonimmigrant visa for individuals with extraordinary abilities in science, business, education or athletics.
USCIS defines “extraordinary ability” as having a level of expertise that places you at the top of your field. Qualified individuals have been recognized for their accomplishments and have a desire to continue their work in the United States.
To qualify, applicants must be able to demonstrate at least three of the following:
- Documentation of nationally or internationally recognized awards or prizes in their field of expertise.
- Published material in a major trade publication or media outlet about the applicant relating to their work in the field.
- Documentation of the applicant’s membership in relevant and qualifying associations that require members to have outstanding achievements.
- Evidence of the applicant’s contributions of major significance in their field.
- Authorship of scholarly articles in the applicant’s field published in the media or professional journals.
- Proof that the applicant has been employed in a critical role for organizations with distinguished reputations.
The evidentiary requirements are complex, but we can guide you through the process and have experience helping many clients obtain O-1A visas.
L-1 Intracompany Transferee Visa
The L-1 visa program allows a U.S.-based employer to transfer a manager or executive from one of its affiliated foreign offices to one of its U.S. offices. Foreign companies that do not yet have a U.S. presence may also use this visa program to send an executive or manager here to establish one.
To qualify, employers must have a relationship with a foreign company and be (or will be) doing business as an employer in the U.S.
The executive or manager coming to the U.S. will also need to meet certain requirements, which we can help you understand and navigate.
Other Alternatives
If you do not qualify for the O-1A or L-1 visa, you may be eligible for one of the following:
- E-1 Trade, E-2 Investment, E-1/2 Essential Employee Visas. These specialty visa programs are for treaty investors or traders, or for nonimmigrant employees of these individuals.
- B-1 Business Visitor Visa if you wish to come to the U.S. to participate in a business activity, like negotiating contracts, participating in training or consulting with business associates.
- EB-1A Green Card (Permanent Residence) is another program for individuals of extraordinary ability, outstanding professors, and multinational managers or executives.
- EB-1 National Interest Waiver (NIW) (Permanent Residence). NIW petitions are reserved for the most highly skilled foreign nationals seeking a green card without sponsorship.
Our team will help you explore every possible avenue and develop a strategy to help you reach your goals.
Get started with our Legal Launch service to learn more about your next immigration steps.
Choosing the Best Austin, TX H-1B Visa Attorney For Your Journey
One of the most important decisions you will make on your immigration journey is selecting an attorney.
The right attorney will take a tailored approach to your case and work alongside you to develop a strategy to reach your goals. They will help you understand the process and what to expect. Ultimately, your attorney should make the process as smooth as possible.
There are several things to consider when choosing an Austin, TX H-1B attorney, including:
- Experience and competence. Look for an attorney who understands the tricky H-1B visa process and can help you navigate every step. At Alcorn Law, we have a passion for helping tech-minded individuals and entrepreneurs and have guided thousands of startups and founders through the U.S. immigration process.
- Responsiveness. Immigration is a complicated and often lengthy process. You need an attorney who will answer your questions, explain everything in a way you can understand and respond in a timely manner. Your attorney should be managing your case, so you don’t have to.
- Results-oriented. Choose an attorney who will take the time to understand your goals and find the right solution to achieve your objectives. No two cases are the same, so you need an attorney who will take a tailored approach to your strategy.
In addition to these points, look for an attorney who will advocate for your interests with compassion and integrity. Personality fit can be just as crucial as credentials and experience, so choose an attorney you can trust and feel confident in.
About Sophie Alcorn of Alcorn Law
Voted a top law firm in CA for tech startups, Alcorn Law is one of the fastest-growing immigration law firms in Silicon Valley. Our mission is to help clients overcome borders and gain the freedom they need to build their dreams, whether they are entrepreneurs, investors or motivated families.
Sophie Alcorn, our founding attorney, is a Certified Specialist in Immigration and Nationality Law by the State Bar of California. She is committed to helping clients achieve their immigration goals and educating others on the complex H-1B visa process through:
- The Sophie Alcorn podcast
- TechCrunch’s “Ask Sophie™” column
- Her insightful guide “Ask Sophie™: The Founder’s Guide to Visas and Green Cards”
Built on the experience of generations of immigration attorneys, the Alcorn Immigration Method uses a proven strategy to facilitate the immigration process based on your individual goals and needs.
Immigration Resources For H-1B & More
An experienced Austin, TX H-1B attorney is the best resource for information on this attractive visa program and other immigration paths. That’s why our firm provides a number of educational resources to help you stay informed and get familiar with the process, including:
- Free Webinars and Live Events
- Ask Sophie™, as seen on TechCrunch
- The Sophie Alcorn Podcast
- Ask Sophie™: The Founder’s Guide to Visas & Green Cards
- Our Monthly Newsletter
Accomplish, Together with Alcorn Immigration Law
The H-1B visa program empowers individuals and organizations to overcome borders and influence change. Like any other immigration process, it can be challenging to navigate independently.
As your Austin, TX, H-1B attorney, we’ll guide you through the process – step by step – to achieve your goals. We are proud and honored to have helped numerous clients secure H-1B visas using our tailored approach.
Whether you’re a US-based company looking to hire foreign talent or a foreign professional wanting to expand your opportunities, our experienced team can help you understand your options and navigate the road ahead.
To initiate the process of petitioning for an H-1B visa and learn more about our process, contact us today.