Can I apply for EB1C with an H1B visa

H-1B Visa - Work Visa

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The H-1B visa is intended for employees who want to work for a US company for a limited period of time. The advantage of this visa category is that it differs from L visas and E-Visa No special requirements are placed on the US company and the requirements for the applicant are much lower, in particular, he does not have to take a management position in the US company. The disadvantage of the H-1B visa is that the number of visas that are issued per year is usually limited in terms of quantity. It is therefore advisable to first check whether another visa might be considered.

There is no numerical limit for people who want to work for universities or non-profit or certain government-related research institutions.

Qualifications of the applicant

In addition to doctors and models, an H-1B visa can only be considered for people who can demonstrate either a degree comparable to a bachelor's degree or several years of professional experience or a combination of both.

If the applicant has obtained his degree from a foreign educational institution, he must prove that the degree is at least equivalent to a bachelor's degree. Various service providers in the USA are available for this, who can issue a corresponding certificate recognized by the immigration authorities.

Those who have obtained a master's degree at a university in the USA can benefit from the fact that a certain number of H-1B work visas are reserved for people with such a degree.

Workplace requirements

When applying for an H-1B visa - as with all other visas - it must be proven that there is a concrete job offer from the USA.

The job offered must require the applicant's special skills. His expected salary must not be less than the amount paid to workers with comparable experience and qualifications, and his employment must not adversely affect that group of workers. Last but not least, the company in which the applicant is to be employed must not go on strike.

employer

Before the employer can submit his petition for the applicant to the immigration authorities, he must submit a so-called Labor Condition Attestation (LCA) to the US Department of Labor. This includes, among other things. To provide information on salary and the absence of strikes. It must also be confirmed that either the union responsible for the applicant has been informed of the H-1B petition or, if there is no union, that the employer has posted a notice in his company for at least ten days.

However, if the company relies more on employees with H-1B status, this can complicate the process.

Validity and extension of the H-1B visa

In most cases, the H1-B visa is initially issued for three years and can then be extended. The maximum stay may not exceed six years. However, this maximum length of stay may not apply if an I-140 petition for a green card is pending.

H-1B Visa and Green Card

In contrast to many other visas, including Even for the H-2B visa, the applicant does not have to prove that he has no intentions to immigrate or that he is maintaining a foreign place of residence. Accordingly, without this being legally disadvantageous, he can submit a green card petition while he is working in the USA with his H-1B visa.

Family members

Spouses and unmarried children under the age of 21 can apply for an H-4 visa to accompany the applicant. However, you are then not allowed to work. However, there is one important exception to this rule: if an I-140 petition has been approved for the H-1B visa holder, the spouse with an H-4 visa can apply for a work permit.

We will be happy to advise you on questions about the USA visa

We would be happy to clarify with you whether you meet the requirements for an H visa or what other alternatives to the USA work visa exist in your specific case. Please contact us at any time if you would like to make an appointment for a consultation with one of our experts - either via our online appointment booking system, by email ([email protected]) or by phone (069 76 75 77 80).

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