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“EXCEPTIONAL LAWYERS. This is the best immigration law firm I have come across in a long time. These lawyers are passionate about what they do. They truly care. I say this because I have met a lot of lawyers that do not even return phone calls from clients. I truly recommend the Asherson, Klein and Darbinian office because they took my very difficult case, put in a lot of time and attention and successfully completed my case.”


“FANTASTIC AVVOCATO. The best avvocato in America. Grazie Mille per la sua assistenza. Your fantastic team assistenza risolvere il mio problema. Ms. Darbinian, You are the Best: Bellisimo. You make the Impossibile, Possibile. After staying illegal for so many years, I am again able to travel. I am in Italy with my family because you help me achieve the American Dream. I will see you in two weeks when I travel back to America with my new visa. I will never forget what you did for me. GRAZIE MILLE.”


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H1-B1 VISA


The H-1B1 visa is similar to the H-1B and is for persons in "specialty occupations." This new category was created by the U.S.-Chile Free Trade Agreement and the U.S.-Singapore Free Trade Agreement.

In order to qualify for H-1B1 classification, the applicant must have theoretical and practical application of specialized knowledge and must have at least a U.S. bachelor's degree or its equivalent AND the job sought must require at least a bachelor's degree or its equivalent. Because this is not a self-petitioning category, the applicant must have a sponsoring employer in the U.S.

The spouse and unmarried children below the age of 21 of an H-1B1 worker are allowed to accompany this individual as H-4 dependents. However, they cannot work unless they qualify for a work visa. H-4 dependents, however, can enroll and attend schools in the U.S. without obtaining a student visa.

STEPS

Because the H-1B1 visa requires a U.S. sponsor, the applicant must obtain a written offer of employment from a U.S. employer. Unlike the H-1B visa, there is no need for the employer to file an I-129 Petition with the USCIS in the U.S. However, like the H-1B, a prevailing wage needs to be obtained and a Labor Condition Attestation (LCA) needs to be filed.

DOCUMENTS

Both the applicant and the employer are required to submit documents for the H-1B1 visa. The applicant is required to submit the following documents when applying for an H-1B1 visa abroad:

  • A completed visa application (Form DS-156) with one recent photograph, 1 inches square (37mm x 37mm), of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

  • The DS-157 Supplemental Nonimmigrant Visa Application is required of all men aged 16-45.

  • A passport valid for travel to the U.S. for at least six months longer than your intended visit.

  • Proof of nonimmigrant intent.

The employer needs to provide the following:

  • Copy of the certified LCA.

  • A written offer of employment.

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