Manhattan H1-B Visa Attorney
Helping Qualified Foreign Professionals Work in the United States
The H-1B visa is a type of nonimmigrant visa intended for workers practicing
“special occupations,” meaning their job requires some sort
of specialized knowledge or skill. Commonly used throughout the United
States, especially tech industries, H-1B visas allow employers to bring
specialized, highly educated talent into the country to fill roles the
marketplace otherwise could not fill.
To foreign nationals seeking to build their careers in the United States,
H1-B visas represent a powerful opportunity. Eligible beneficiaries of
H1-B even have the option of applying for a green card. However, the number
of H1-B visas are capped annually, making the act of pursuing one competitive
At John Nicelli & Associates, we give each case the attention and respect
it deserves. We have helped many clients from throughout the world pursue
work visas for
more than 3 decades and have ample experience working through the H-1B process.
Who Qualifies for an H1-B Visa?
Not every type of job qualifies for H1-B visas. The field must be specialized
in nature and require a significant level of education or hands-on knowledge
to be eligible.
Fields that have historically qualified for H1-B visas include:
- Computer programming
- Software development
- Business management
- Medical and other scientific research
H1-B visas are not necessarily exclusive to the fields listed above, but
you should never assume your field or position qualifies. If you have
any doubts about your position’s eligibility, you should contact
Just because a job is within the category of one of the above industries,does
not mean it is necessarily appropriate for an H1-B visa. The specific
position must require specialized knowledge or skills, which is typically
measured in the level of education or training required.
To be eligible for an H1-B visa, the specialized position requires one
of the following from its applicant:
- Bachelor’s degree (or higher) from an accredited United States academic
institution in the field of the specialized occupation
- Foreign degree that is equivalent to a Bachelor’s degree (or higher)
in the field of the specialized occupation
- “Equivalent” specialized experience, which typically translates
to 3 years of work experience for each year that would otherwise be spent
pursuing a Bachelor’s degree (12 years in total)
the employer offering the position must agree to offer a prevailing wage
or equivalent wage to the H1-B candidate. This means the employer must pay the foreign national a wage comparable
to what someone with similar qualifications would receive in the U.S.
The prevailing wage requirement is meant to prevent employers from hiring
international workers for less than they would spend on American candidates.
Therefore, it is taken very seriously by the government and can be a source
of application rejections.
If you need help securing an H-1B visa, call
(212) 227-8020 or
contact us online to learn more about how we can assist you.