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Do I Qualify for an H-1B Visa?

Do I Qualify for an H-1B Visa?

As you embark on the journey to work in the United States, you may find yourself wondering, “Do I qualify for an H-1B visa?” 

At Cheves Briceno, we understand the importance of obtaining the right legal guidance when pursuing your career goals in the US. Let’s delve into what an H-1B visa entails, the federal immigration laws governing the granting of an H-1B visa, the types of H-1B visas available, the application process, and what to do in case of denial or appeal.

Understanding the H-1B Visa: A Brief Overview

The H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations that require specialized knowledge and a bachelor’s degree or higher. These occupations often include fields such as IT, engineering, finance, healthcare, and more.

Types of H-1B Visas and Eligibility

There are two main types of H-1B visas:

  1. Regular H-1B Visa: This category is for individuals seeking employment in specialty occupations.
  1. H-1B1 Visa: This category is specifically for citizens of Chile and Singapore under certain free trade agreements.


To qualify for an H-1B visa, applicants must:

  • Have a job offer from a US employer for a specialty occupation.
  • Possess specialized knowledge or a bachelor’s degree or higher related to the occupation.
  • Meet the prevailing wage requirements set by the Department of Labor.

The Process of Getting an H-1B Visa

The process of obtaining an H-1B visa involves several steps:

  1. Employer Sponsorship: The US employer must file a Labor Condition Application (LCA) with the Department of Labor and submit Form I-129, Petition for a Nonimmigrant Worker, to US Citizenship and Immigration Services (USCIS) on behalf of the prospective employee.
  1. Approval by USCIS: USCIS reviews the petition to ensure compliance with immigration laws and approves or denies the petition accordingly.
  2. Visa Application: Once the petition is approved, the prospective employee can apply for an H-1B visa at a US embassy or consulate in their home country.
  3. Entry into the US: Upon receiving the H-1B visa, the employee can travel to the US and begin working for the sponsoring employer.

Denied H-1B Visa and Appeals

In the event that an H-1B visa application is denied, applicants have the option to appeal the decision. The appeal process involves submitting a request for review to USCIS, along with additional evidence or documentation to support the application. Cheves Briceno can provide expert guidance and representation throughout the appeal process, advocating for your rights and working to overturn the denial.

Trust Cheves Briceno for Your H-1B Visa Needs

If you’re seeking to get an H-1B visa, Cheves Briceno is here to help. As the leading immigration lawyer in Georgia, we have the knowledge and experience to navigate the complexities of the H-1B visa application process. Whether you’re in the midst of applying for an H-1B visa or facing denial and considering an appeal, our team is dedicated to providing the best possible legal representation. Contact us today to schedule a consultation about your H-1B visa goals and take the first step towards achieving your career goals in the United States.

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