How A Tampa Immigration Lawyer Can Help U.S. Employers Hire Foreign Workers

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If a foreign national is interested in entering the U.S. for the purposes of working with a U.S. employer a H1-B visa may be a viable option. The H1-B visa grants entry to the United States for the purpose of working with a U.S. employer. The visa may last for a duration of up to six years. Furthermore, the visa may also entitle the applicant's spouse and children to reside in the United States for the same amount of time under an H-4 visa. In order to qualify for a H1-B visa both the employee and employer must meet the strict guidelines imposed by U.S. immigration law. Applicants wishing to enter the United States should seek legal assistance from a Tampa immigration lawyer before applying for the visa. A Tampa immigration attorney can help the applicant prepare the visa petition and provide legal counsel throughout the application process.

To be eligible for an H1-B visa the employee must be qualified for a specialty occupation. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge. Some examples of a specialty occupation include: accountant, scientist, lawyer, architect, engineer, and computer analyst. In order to be deemed qualified for a specialty occupation an applicant typically must have at least a four-year college degree. However, a Tampa immigration attorney may be able to get an applicant without a four-year college education approved for a H1-B visa. Under current immigration law, an applicant may be eligible with a combination of college course work plus three years work experience for each year of education needed to complete the degree.

The sponsoring employer will also have to satisfy numerous requirements in order to hire the foreign national employee. Under current immigration law, the sponsoring employer must file a Labor Condition Application with the U.S. Department of Labor. In the Labor Condition Application the employer must attest that: 1) they are paying the applicant at least the prevailing wage; 2) the working conditions of similarly employed workers will not be adversely affected; 3) there is currently no labor strike; and 4) the employer has notified its existing employees of the filings. 

There are many other requirements that both the employer and employee must satisfy before being eligible for a H1-B visa. For more information on applying for a H1-B visa contact a Tampa immigration attorney in your area. A Tampa immigration lawyer can provide you with a complete list of the requirements and provide legal assistance.
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