Employment-Based H Visa Registration is Opening Soon for Employers Seeking to Hire Foreign Nationals

In today’s environment, many businesses are finding it increasingly difficult to find and secure employees for their businesses. Since the pandemic, the labor shortage has caused, and continues to cause, severe financial impact on businesses in the U.S. As a result, many corporations and businesses have been forced to look for employees from other countries to work and operate their business. 

The United States Citizenship and Immigration Services (USCIS) allows U.S. companies to seek employees by “sponsoring” those individuals for work visas. There are several visa options available to allow foreign individuals to work legally in the U.S. One common option is the “H” visa. To qualify for an H visa, the prospective employee must possess a college degree in the field related to the employment being offered. Also, the employment position being offered must be a “specialty occupation” which is defined as an occupation that requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s degree or higher in the specific specialty (or equivalent) as the minimum for entry into the occupation in the United States. 

For employers who seek to hire foreign nationals, there is an important immigration deadline is around the corner. The electronic H visa lottery application window begins on March 1, 2022, and ends on March 18, 2022. If the individual is selected via the lottery system, the employer may then file certain forms with the USCIS to obtain a work visa for their prospective employee. It should be noted that if the employee is approved with an H visa, the visa is valid for three years and may be renewed for an additional three years. The H visa is temporary and does not grant permanent residency in the U.S.

If you are an employer seeking to hire foreign nationals for your business, it is important to know the steps and requirements for sponsoring an employee. We at Lavelle Law have experience with H visas and other immigration matters and provide a free 30-minute consultation to discuss your needs. Please contact me at (847) 705-7555 or aalkass@lavellelaw.com.