SHEPSIS LAW 

The H-1B is the most common work visa in the United States. It is for “Specialty Occupation” workers who have at least a bachelor’s degree and a job offer that requires specialized knowledge tied to a specific field of study. In some cases, work experience can be used instead of a degree. Most H-1B petitions must go through an annual lottery each March. The lottery can be avoided if the employer is a university, a nonprofit affiliated with a university, or a government research organization. The H-1B is limited to six years unless the worker is the beneficiary of an approved I-140 Immigrant Petition.

F and J visas require you to maintain the intention to return to your home country. Before taking a trip abroad, it is important to consider whether recent actions, conduct, or immigration filings can make a Customs and Border Protection Officer suspicious of your plan to depart the United States at the conclusion of the F or J program. Travel risks can increase based on your country of origin, your field of study or research, certain activities or affiliations, and heightened security reviews. We help assess travel risks and prepare you for consular interviews or reentry.

Most employment-based immigration is petitioned through an employer sponsor. However, there are some self-sponsorship options. Talented individuals recognized in the top of their field can petition for immigration through the EB-1A “Extraordinary Ability” category. Alternatively, professionals holding an advanced degree, or in some cases a bachelor degree with at least five years of progressive work experience, that work in a field of national importance, might be able to petition for immigration through the National Interest Waiver if they can show that their work has substantial merit.

The most common way to sponsor an employee is through the PERM certification process with the Department of Labor. The employer must test the labor market to show that there was no minimally qualified U.S. worker available for a position that it wants to offer to a foreign worker. The PERM process requires the employer to conduct recruitment efforts, including advertising and interviewing prospective candidates. It can take one year to complete the recruitment effort and application filing, and another year to have the application approved. After approval, the employer may then file an I-140 petition with USCIS on behalf of the foreign employee. Other possibilities that do not involve PERM are EB-1B petitions for outstanding professors and researchers, and EB-1C petitions for certain multinational managers and executives.

Yes! With proper planning you can start your own company and have it sponsor your L-1, H-1B, E-2, or other visa status. Your company can also sponsor your immigration through one of several employment-based categories.