• aila American
  • seal Michigan
  • us U.S. Court
    of Appeals
    Sixth Circuit

H1B Visa

Michigan Employment Immigration Lawyer

Helping Business Clients in and around Detroit Obtain H-1B Visas

Business professionals, including those in the technical, marketing, or education industries, often enter the United States to work for a specific period of time. In these situations, the H-1B visa is often the appropriate visa option. Under an H-1B visa, the foreign national employee is entitled to certain employee benefits, such as vacation time, sick leave, and maternity/paternity leave. The employee’s spouse may also be eligible to enter the United States under an H-4B visa.

The H-1B visa is a non-immigrant visa that allows business professionals to work in the United States for a specific amount of time. The purpose of the H-1B Visa is to give U.S. employers the opportunity to hire foreign professionals if a U.S. citizen or resident is not available. In order for the H-1B Visa to be issued, both the employer and employee must satisfy specific requirements.

Michigan H-1B visa attorney David Newman focuses on assisting both employers and employees with H-1B visa application process. He will advise you regarding the requirements that must be met in order to obtain an H-1B visa, and he will guide you through the entire H-1B visa application process. Whether you are an employer who seeks to employ a foreign national for a specific period of time or you are an employee who seeks to enter the United States to work for a specific period of time, contact Detroit area employment visa attorney David Newman to learn more about the H-1B visa.

Employer Requirements

There are certain eligibility requirements that an employer must satisfy in order to employ a foreign national under the H-1B visa, including the following:

  • The job offer must be in a specialty occupation such as architecture, engineering, mathematics, etc.
  • The wage offered to the applicant must be at least the prevailing wage, or the actual wage paid to other workers similarly employed, whichever is higher.
  • No U.S. citizen or resident must be available for the job.
  • The petition must be submitted by the company (not the employee).
  • The job position must require a bachelor’s or higher degree.

Employee Requirements

Even though the H-1B visa application is submitted by the employer, the employee must also satisfy the following conditions:

  • The applicant must have a bachelor’s or higher degree or its U.S. equivalent, or a combination of education and experience equivalent to a U.S. bachelor’s or higher degree that enables the applicant to perform the position’s duties.
  • The application must possess a specialized skill.
  • The application must be able to speak and read English.

H-1B Visa restrictions and limits

There are certain restrictions and limitations on the available of H-1B visas, however. For instance, only 65,000 H-1B visas are available to be issued every year, which is why it is important for applications to be filed as early as possible. Non-profit organizations and institutions of higher education are excluded from this annual cap, however. H-1B visas are issued for a maximum of 6 years.

If you want to learn more about your visa immigration options, contact Detroit area immigration lawyer David Newman at (248) 737-1824 to learn more about the visa options available for your situation, including a possible H-1B visa.