Azure Brio Associates

H-1B Temporary Worker Visa

The United States has a large and ever-changing economy that constantly requires skilled and experienced workers from all over the world. One of the most promising paths for foreign workers to come to the U.S. is through the H-1B Visa program, which allows foreign workers to perform services in a specialized field or as a fashion model. However, the H-1B program has intricate requirements and procedures that must be carefully followed to increase the likelihood of success. Whether you are an employer looking to hire foreign talent or a skilled worker seeking to bring your expertise to the United States, Azure Brio Associates LLP, can assist and guide you through the H-1B process.

A summary of the H-1B visa.

Simply put, the purpose of the H-1B visa is to attract skilled foreign workers who can benefit US employers. To apply for this visa, a candidate must have a job offer from a US employer, who will handle the necessary paperwork. It’s important to note that the job must meet the H-1B guidelines, which require the position to be a “specialty occupation” that involves the practical and theoretical application of highly specialized knowledge. Additionally, the job must require a minimum of a bachelor’s degree (or its equivalent) in a specific specialty.

Moreover, for a job to qualify as a “specialty occupation,” it must fulfill one of the following four conditions:

  1. Typically, a bachelor’s degree or its equivalent is the minimum requirement for the position.
  2. The degree requirement is common in the industry for comparable positions in similar organizations, or the job is so intricate or exceptional that only an individual with a degree can perform it.
  3. The employer usually mandates a degree or its equivalent for the position.
  4. The specific duties of the job are so specialized and complex that a bachelor’s degree or higher is typically needed to possess the necessary knowledge to execute them.

To clarify, it is not safe to assume that a position will automatically qualify as a specialty occupation in the eyes of the US Citizenship and Immigration Services (USCIS). Even if the job title or industry may appear specialized at first glance, you will still need to provide exhaustive evidence regarding why and how the job necessitates highly specialized knowledge, what the industry’s standard requirements are, and similar details.

Regarding the foreign worker, they need to establish their eligibility to perform specialized services by fulfilling any of the following requirements:

  1. Possess a U.S. bachelor’s degree from an accredited college or university, which is mandatory for the specialty occupation.
  2. Hold a foreign degree equivalent to a U.S. bachelor’s degree or higher from an accredited college or university.
  3. Have an unrestricted state license, registration, or certification that enables them to immediately and completely practice the specialty occupation in the relevant jurisdiction.
  4. In the absence of a U.S. or foreign degree, have similar education, specialized training, and/or experience, and receive recognition of expertise in the specialty through progressively responsible positions directly associated with the specialty.

Since none of these criteria are precise, there are various methods to satisfy them, which can depend on the employer’s situation, the business’s nature, and the foreign worker’s background. This is why the customized approach of Azure Brio Associates is so crucial.

Getting a Labor Certification

The U.S. has strict regulations in place to protect American jobs from foreign competition, even though it welcomes a large number of nonimmigrant workers each year. Therefore, the employer must prove that hiring the foreign worker will not negatively affect U.S. workers.

To meet this requirement, the employer must obtain an approved “Labor Certification Application” (LCA) through the PERM process from the U.S. Department of Labor. The LCA outlines the job details and contains promises by the employer that hiring the H-1B candidate will not hurt U.S. workers. The PERM process requires the employer to make efforts to recruit U.S. workers, pay the foreign worker the “prevailing wage” for the position, and show that they tried to consider any U.S. candidates who applied.

The employer must follow DOL requirements throughout the PERM process, which itself is a multistep undertaking that can take longer without proper legal guidance. Only with an approved LCA can the employer submit Form I-129, Petition for Nonimmigrant Worker, along with all relevant documentary evidence.

Duration of Stay

The H-1B Visa is a temporary work visa that allows the foreign worker to stay in the United States for up to three years, with a maximum extension of six years. However, H-1B holders can apply for a Green Card, which grants them permanent residence in the U.S. and allows them to stay beyond the six-year limit. To take advantage of this option, H-1B holders must file their Green Card application before the start of their sixth year on the H-1B status, and their visa can be extended by one-year increments until a decision is made on their residency application. It is important to understand the law and timing requirements to maximize the duration of stay, and professional legal counsel can provide valuable assistance in this process.

Family Members

Family members of H-1B workers, including spouses and unmarried children under the age of 21, may also come to the United States under the H-4 visa category. The validity of the H-4 visa is tied to the duration of the H-1B visa held by the principal applicant.

Additionally, family members who hold H-4 status may apply for a Green Card along with the H-1B worker. However, it’s important to note that H-4 visa holders are not authorized to work in the United States. Children holding H-4 status, however, are allowed to attend school.

Consider hiring specialists in the H-1B Visa process from Azure Brio Associates

It should be evident by now that obtaining an H-1B Visa is not a decision to be taken lightly. Meeting the requirements for both the U.S. employer and the prospective foreign worker can be challenging, including multi-step processes such as obtaining an LCA. An Immigration Attorney from Azure Brio Associates can provide valuable assistance in this process. With years of experience and knowledge, our team has helped clients from around the world with their immigration matters. We can assist both employers and workers in navigating the complex H-1B process and developing effective strategies to improve their chances of approval. For more information or to schedule a consultation, please contact us at + 1 (443) 686 8365, + 57 (315) 359-6683 or email us at

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