The H-1B1 visa was created to bring specialists from Singapore and Chile to the United States. Many Singaporeans and Chileans do not succeed in obtaining the visa because potential employers do not know how to streamline the filing process.
An H-1B1 visa lawyer could help explain the multiple complications surrounding this particular visa and improve the chances of your new employees coming to the United States. Understanding how this visa works and what a visa attorney can do can be highly beneficial for achieving your business goals.
The H-1B1 program allows professionals from Singapore and Chile to live and work in the United States temporarily. The children and spouses of professionals can receive H-4 visas as dependent family members. H-4 visa holders have the right to study in the U.S. and apply for employment authorization.
The program focuses on bringing qualified professionals who can help fill certain positions in U.S. companies. However, there is a cap on how many people can come every year. The number of workers from Chile is limited to 1,400, and 5,400 from Singapore.
The period of the initial employment through the H-1B1 visa program is one year. There is no limit on the number of H1B1 extensions a foreign professional can pursue. However, some exceptions apply. For example, for people who are in the middle of the green card process. An experienced lawyer could guide the employer through the H-1B1 program’s limitations and provide actionable advice for extending their employee’s visa.
Potential employers of H-1B1 visa holders can face numerous difficulties when trying to bring the needed professional to the U.S. Such issues can be:
Employers must comply with Department of Labor (DOL) and USCIS regulations, including correctly filing a Labor Condition Application (LCA). The employer may need legal guidance to ensure everything is done to give the potential employee a chance to secure the visa.
When the visa is already given to an employee, issues may continue. Compliance with visa conditions, including work location and job duties, is essential to avoiding violations. Any non-compliance, such as failing to meet the required wage level, could impact the status.
USCIS may issue a Request for Evidence (RFE) or deny applications due to insufficient documentation or inconsistencies. Understanding the request and taking the right steps to fulfill it is key to getting another chance at obtaining a visa.
Visa extensions may appear easy on paper but require a comprehensive approach from both the employee’s and employer’s side. A skilled attorney could help with H-1B1 visa extension and maintenance.
If you are an employer who wants to hire a foreign professional from Chile or Singapore, you need legal assistance. Only a skilled H-1B1 visa lawyer with experience in this complex area could help your business navigate the process smoothly.
At Klug Law Firm, we have already helped hundreds of businesses in the United States secure legal status for their foreign employees. Call us to schedule a consultation today.