H1B/ H2B Visa Lawyer

Coming to the U.S. for a temporary job opens many opportunities in your career growth. It’s a chance to build networks that you can exploit later to advance your career. H2B visa lawyers at Kats Immigration Law offer guidance on the best visa type that suits your situation. The H-1B lawyers near me in NYC have vast knowledge and experience on the ever-changing U.S. immigration rules and are worth the H2B visa attorney fee to get your application right the first time.

When Do I Need an H-1B or H-2B Visa?

Hire an H-1B or H-2B visa when you’re seeking to work temporarily in the United States. The H-1B and H-2B visas are designated to allow workers from around the world to bring their skills to the U.S. The H-1B visa is ideal if you’re coming to fill a role that requires highly specialized knowledge in fields such as IT. The H-2B visa allows you to fill a role that doesn’t require special skills, but peaks in demand from season to season, such as in the hospitality industry during holidays.

Experienced H-1B lawyers near me and H-2B visa lawyers near me in New York City are at Kats Immigration Law in Brooklyn and Manhattan. You can also request a virtual consultation for visa application assistance. It’s worth the H2B visa attorney fee to undergo a smoother visa acquisition process and take up your position faster.

Do I Need an H-1B or H-2B Visa?

Although both H-1B and H-2B visas are designated to bring in much-needed workers temporarily to the U.S., their targets are in different sectors of the U.S. economy. H-1B visas are for industries that require advanced theoretical and practical skills. The recipients of H-1B worker visa typically are in tech, engineering and medicine. H-2B visas are designated for industries that have seasonal labor needs such as hotels and resorts, tourist destinations and seafood processing plants.

Foreign workers and their visa sponsors need to understand the distinctions in these visas for timely visa processing. Key distinctions your HB2 visa lawyers point out include:

• The H-1B visa requires advanced skills and knowledge at the level of bachelor’s degree and higher. The H-2B visa has no education requirements.
• Your H-1B visa lawyer knows this is for specialist roles, while H-2B is for non-agricultural temporary roles.
• Positions for H-1B attract prevailing industry wages while H-2B wages must equal or exceed federal or state minimum wages.
• An H-1B visa requires a labor condition application while a H-2B visa requires temporary labor certification.

What Do I Need to Know about Applying for an H-1B Visa?

The H-1B visa process lasts several months but requires you to follow strict guidelines, which is why you really need to consult an H1B visa lawyer. There’s a cap on H-1B visas each year and this cap is decided by March. Registrations open in April for visas effective in October of the same year. The sponsoring employer starts by filing a Labor Condition Application (LCA) with the Department of Labor. If the LCA is approved, it’s sent as a petition to U.S. Citizenship and Immigration Services (USCIS).

The USCIS subjects the petitions to a lottery and if your employer’s petition comes up, you can apply for a visa at the nearest U.S. embassy or consulate. An H1B visa lawyer is useful in this process in several ways, such as:

• Filing the LCA accurately and on time
• Interacting with the USCIS including responding to Requests for Evidence
• Assisting you with the visa interview
• Advising on maintaining the H-1 visa status if successful

What Is the H-2B Visa Process?

The H-2B visa process is also initiated by the sponsoring employer, who obtains a temporary labor certification from the Department of Labor. This certification shows there’s a shortage of people for different roles and no U.S. workers to fill them. The employer files a petition with USCIS on the strength of this certification. If the USCIS approves the petition, your employer then can sponsor your visa application at the nearest embassy or consulate.

There is also a cap on the number of H-2B visas issued. An H-2B visa attorney is of great help with these visas by:

• Ensuring the application aligns with cap availability
• Meeting the requirements for the role
• Helping the sponsor in wage matters
• Representing you in interactions with the USCIS

How Long Can I Stay in the U.S. on an H-1B or H-2B Visa?

The H-1B visa allows you to live and work in the U.S. for an initial period of three years, after which you can seek an extension for another three years. You can also seek an adjustment of status after six years to stay on permanently with a green card. The H-2B visa allows an initial stay of one year and an extension for another year, two years in a row. After a maximum of three years, you must go back to your home country to process another visa.

Your H1B lawyers offer assistance to stay on legally beyond what’s allowed on these visas. Their assistance in seeking extensions includes:

• Filing extension requests on time
• Assisting with proof of continued need for an H-2B visa worker
• Exploring alternatives after exhausting the allowed extensions
• Initiating the adjustment of status process for permanent residence

Can My Family Join Me on an H-1B and H-2B Visa?

Both H-1B and H-2B visas allow family accompaniment to the U.S. You’re allowed to bring your spouse and children under 21 years. Your dependents will have separate visas. Dependents of H-1B visa holders are issued H-4 visas, while dependents of H-2B visas are issued H-4B visas.

H2B visa lawyers and H1B lawyers are your guides if you’re looking for greener opportunities in the U.S. They point you in the best direction to get temporary work visa approval and work with employers to bring in needed help. Contact Kats Immigration Law today to learn more about employment-based immigration.