H-1B (Professionals)
Immigration law in Denver, Colorado
Many foreign nationals in professional occupations begin their work in the United States through an H-1B visa. This visa is initially issued for three years, and may be renewed once for another three years.
There is a statutory limit on the number of H-1B visas that can be issued each year. In 2006, that limit was 65,000, plus an additional 20,000 visas for people with advanced degrees from U.S. universities.
The H-1B visa is applied for by the employer, and it must establish the following:
- The employer is willing and able to pay the prevailing wage for the position
- The position is for someone who is either a professional or in a "specialty occupation." Generally, the person needs to have at least a bachelor's degree or an equivalent
- The employer will pay the return airfare to the employee's country of last residence if the employee is terminated
- The employer will post a notice at the location where the foreign national will be working that an H-1B application is being filed
Contact us for more information on H-1B visas, and guidance through what can be a complex process.
