Despite the increased trend of H-1B denials or RFEs, the laws governing the eligibility of H-1B visa or better known as the H-1B speciality occupation worker visa remains pretty much the same. Generally, to be qualified for a H-1B visa, you must be able to fulfil the following requirements:
- a minimum of a bachelor’s degree or it’s equivalent;
- a job offer from a U.S. company;
- a job offer that requires a bachelor’s degree;
- your experience or bachelor’s degree is what is needed to perform the job.
- your employer is paying you the prevailing wage.
Increase of H-1B RFEs/denials
Since the President’s “Hire American” order in 2018, the USCIS has issued an increased numbers of H-1b RFE’s as well as denials. As an experienced Chicago immigration lawyer who regularly handles H-1B visas, we want to share with you importance of increasing your chance of H-1B approval whether you’re applying for a new H-1b visa or doing a H-1B visa extension such as changing H-1B employer:
- Your offered position must be a specialty occupation.
- There must be sufficient specialty work required in the position.
- You must maintain your non-immigrant status i.e. F or STEM OPT.
Hire an experienced H-1b immigration lawyer
In addition to having met the H-1b eligibility requirements, you should consider hiring an immigration lawyer to represent you for your H-1b petition. Since 2007, our law firm has represented more than hundreds H-1b petitions in Chicago and beyond. We have over 25 years of collective experience helping professionals and hiring managers to obtain their H-1b work visas.
We have an extremely high H-1B approval and experienced in H-1B RFEs. Our success is due to our focus on understanding the details of our client’s case, spotting potential issues and building a strongest case forward. If you are in search of a H-1B immigration lawyer in Chicago, please contact us to schedule a free evaluation.