Can I wait out the 3-year Bar and then reapply for tourist visa?
The H-1B Visa is a nonimmigrant temporary work visa that allows employers in New York and the rest of the country to temporarily employ foreign workers in specialty occupations. The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of highly specialized knowledge in a certain technical field. The H-1B visa requires the attainment of a bachelor’s degree or its equivalent in work experience as a minimum. The job offered must require a bachelor’s degree to qualify. At the Law Office of Cheryl R. David, our New York City H-1B visa attorney can let you know about the qualifications and process for obtaining this type of visa. For an initial consultation, contact us.
Our attorneys regularly help people obtain H-1B visas for their work in the following professions:
Recent updates to the H-1B program, effective January 17, 2025, include a modernized definition of “specialty occupation,” increased fraud prevention measures, and clarification on employer compliance requirements. Our firm remains up to date on these regulatory changes to guide you accurately.
The initial H-1B will be granted for a period of three years and could be extended for an additional three years. A visa is an excellent option for those intending to live permanently in the U.S. and it permits you to pursue permanent residence while on that visa under the doctrine of “dual intent”.
We will also help you understand the Labor Condition Application (LCA) process, in which your employer must attest to paying the prevailing wage and meeting specific labor standards. These attestations must be documented in a public access file that is subject to Department of Labor review.
We will work with your employer to gather all the necessary documentation needed for your H-1B visa application while maintaining your confidentiality. We will also counsel you about the caps regarding these types of visas and the enrollment period.
It’s important to note that beginning with future fiscal years (starting FY 2027), the H-1B selection process is expected to prioritize higher-wage positions over the current random lottery system. We can advise you on how these anticipated changes may affect your application strategy.
An H-1B is a specialty occupation work visa that is strictly limited to employment by the sponsoring employer. This means if a foreign worker who has H-1B status quits or is dismissed from the sponsoring employer, they must either find another sponsoring employer willing to file a transfer petition promptly or leave the country. Our immigration attorneys can help you explore these alternatives to help you remain in the United States.
We can also help immigrants who are holding a student visa and want to convert their immigration status by applying for an H-1B employment visa once they graduate from college and obtain a job in the field in which they have studied.
In light of increased scrutiny and regulatory enforcement surrounding the H-1B program, we take extra care to prepare strong documentation supporting both the job requirements and your qualifications. This includes anticipating and responding to potential Requests for Evidence (RFEs).
Whatever your current situation, we will answer any questions you may have and help you prepare to apply for an H-1B visa. You will need documentation for your application, and we will guide you through the preparation process. Contact us to discuss your H-1B visa with an experienced immigration lawyer today.
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