If have a business and are looking to hire foreign workers, the experts at Graham Adair (visit website here) say they will need to apply for a H-1B visa as any non-US citizen requires permission to work here in the United States. There are strict rules relating to the issuing of work visas for foreigners. To that end, it may be worthwhile hiring an H-1B visa attorney who will have knowledge of the system and what is required in order to have this visa granted.
Who is Eligible for an H-1B Visa?
Before you can hire a foreign worker, you must be able to prove that the individual has the specialist skills and knowledge to perform the role. You must also prove that you are unable to find any U.S. citizens who can do the same job.
It is worth noting that there is a cap on the number of H-1B visas that are granted each year. This is currently set at 65,000. Those who hold a master’s degree or higher from a U.S. institution have a greater chance of success as there are another 20,000 visas available for this category. Some employers are not subjected to the cap, such as government research organizations and nonprofits with a connection to an institute of higher education.
Is it Worth Hiring an Attorney?
As an employer, you can hire an attorney to take care of the application for the H-1B visa for the employee, or you can let the employee complete the application. Those who are subject to the annual cap must register by creating an account with the U.S. Citizenship and Immigration Services (USCIS). The registration period is open for 14 days each year, and those who register will be entered into a lottery.
Some businesses hire an attorney to take care of this to avoid any errors that would delay the process for another year. Only once an applicant has been selected to apply for a visa can the employer petition on their behalf.
How Much Do Immigration Attorney’s Cost?
An immigration attorney may charge between $150 and $300 per hour, depending on where they practice. There may also be other charges associated with applying for specific visas. While this might seem like a lot, it is worth utilizing their knowledge and experience of the complex laws surrounding immigration and work visas.
Mistakes will inevitably delay the process so anything that helps to avoid this can mean less time and money at a later date. An immigration lawyer knows exactly what is needed, and they will ensure that the application is completed correctly the first time around.
Although hiring an immigration lawyer will add legal fees to the cost of hiring a foreign worker, it will save a lot of time and stress and will make the chances of a successful application greater. If you are eager to get a foreign worker into the U.S. as quickly as possible, the cost associated with using an attorney will definitely be worth it.
Conclusion
While there is no obligation to hire an immigration attorney for the H-1B visa application process, it is generally recommended to do so, especially if this is the first time you have sponsored a foreign worker. With federal regulations frequently changing, an experienced lawyer would have first-hand knowledge of such changes and how these might affect the case. A lawyer will take care of the full application process and will be responsible for ensuring all the right documentation is submitted. It will also be up to the attorney to then follow up to ensure everything is proceeding as expected.
