The H-1B Visa for a Professional Worker

The H-1B category is used by employers to hire foreign national professionals who will be employed in occupations requiring a theoretical and practical application of a body of highly specialized knowledge, and the attainment of at least the equivalent of a bachelor’s degree in the specialty field (either by way of a foreign degree or a combination of education and work experience which is equivalent to a U.S. bachelor’s degree). For purposes of an equivalency determination, three years of qualifying work experience is generally considered equal to one academic year of study. Positions which may fall under the H-1B category include engineers, computer professionals, certain managers and executives, and other positions which ordinarily require the equivalent of a U.S. bachelor’s degree in a specialty field. Vallourec generally uses this category for new hires, who do not qualify for L-1, E-2 or TN or E-3 status. This category can be challenging for employers, as it requires the application process to take place in a very short window of time (April 1st of each year), and the number of available H-1B visas is far lower than the demand (65,000 visas; each year there the demand usually exceeds the number of awardable visa applications). In addition, new H-1B petitions are approved for a start date of October 1 of the year in which the petition was filed. Planning is required to prevent delays and/or interruptions in work authorization.

The Ezer Law Group PLLC handles initial, change of employer H-1B petitions, as well as extensions of H1B status. Your Ezer Law Group PLLC attorney will discuss H-1B strategy with company Human Resources professionals at length, to ensure that the H-1B case is positioned for success, despite the obvious challenges inherent in the H-1B category. For assistance with the preparation and filing, or extension of an H1B petition, please contact The Ezer Law Group PLLC at