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The H1-B Status Visa is a non-immigrant visa, allowing US companies to hire workers in graduate level specialized fields. A US bachelor’s degree or higher, or equivalent work experience, is required. Currently, US immigration law is limiting the number of H1-B Status Visas each year. In order to be approved, an employee must meet the following criteria:
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The DOL is the agency tasked with protecting U.S. workers and their wages from foreign workers. With that in mind, the H-1B regulations require U.S. employers that sponsor foreign nationals to work in the U.S. in H-1B status to notify the public, and specifically potentially impacted U.S. workers of their intent to hire foreign workers; how many, in what role, where they will perform the work and the wages that will be paid.
Once the workers have been put on Notice, the petitioning U.S. employer is responsible for preparing and submitting to the DOL the Labor Condition Application (LCA). After the LCA is approved the U.S. employer must prepare and maintain the supporting documentation that forms the basis for the LCA.
The U.S. employer must make this documentation available to the public for inspection on demand, within one working day after the date the LCA is filed with the Department of Labor (DOL). Any member of the public, including co-workers of the foreign national, may request access to the file, and the employer must make the file available to the person requesting within one (1) working day of the request.
Getting a visa to legally work in the United States is a complex process and requires careful attention to detail. Our team of immigration lawyers can help you understand the various immigration rules and regulations that apply to each visa type. We can also provide immigration law services to help you complete all of the necessary paperwork and submit it to the U.S. Department of Labor.
The Public Inspection File is a record of the labor condition applications (LCAs) that employers have submitted to the U.S. Department of Labor. This file is available for public inspection and provides information about the wages, benefits, and working conditions associated with the LCA. The file also provides information about the employer’s compliance with immigration laws and regulations. The public inspection file must include the following elements:
In a world where borders are not barriers but gateways to opportunity, immigration lawyers at Taylor & Associates Law P.C. play a crucial role in facilitating smooth and successful visa applications. Our expertise, knowledge, and tailored guidance ensure that applicants navigate the complex procedures with confidence and clarity. By acting as staunch advocates and representatives, we mitigate risks, enhance success rates, and save applicants from unnecessary challenges and complications. Whether it is for individuals seeking to reunite with loved ones, entrepreneurs aiming to start businesses abroad, or companies aiming to attract top talent, our immigration lawyers hold the key to unlocking opportunities and creating a more connected and prosperous world.
Schedule a consultation with Taylor & Associates Law P.C. today to learn more about how our team of experienced immigration lawyers can help you navigate the complex process of obtaining visas for legally working in the United States. We offer services across the United States in New York, Arizona, California, Florida, Georgia, North and South Carolina, and Texas. Contact us today to schedule an appointment.
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