In general terms, an H-1B visa applies to individuals who are considered specialists in their field of expertise. Only 65,000 of these visas are allowed by the U.S. each year for bachelor’s degree candidates, plus an additional 20,000 for master’s degree candidates; therefore, if a Massachusetts company would like a foreign specialist to work at its company in the U.S., the best plan of action is to hire immigration attorneys familiar with the H-1B Visa petition process.
In order to apply, the candidate must have attained a college bachelor’s degree within the U.S. or the foreign academic equivalent. The degree must be specific to the job that the foreign specialist will be hired for by the U.S. based company.
There are other requirements for the H-1B visa that you should discuss with a qualified immigration attorney. If the candidate meets all these requirements the attorney will then file a Labor Condition Application and a Form I-129 with USCIS with supporting documentation. The H-1B petition process can be used for both those inside and outside of the United States.
To move the process along quicker, a Form I-907 can also be filed along with the Form I-129. This form is referred to as a Request for Premium Processing. Though processing times are unique to each H-1B applicant, Premium Processing guarantees a decision within 15 business days.
As the filing process for the H-1B can be complicated, it is highly recommended the hiring company contact a Massachusetts immigration attorney with a strong focus on H-1B visas. Please contact us directly to see how we may be able to help your company.