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H-1B Visas for Specialty Occupations

Understand Your Options with Help from Our San Mateo Immigration Lawyer - Call (650) 562-6900

The H1B visa is U.S. work authorization allowing U.S. employers to temporarily employ foreign workers in specialty occupations. A “specialty occupation” includes, but is not limited to, accounting, architecture, biotechnology, engineering, law, mathematics, medicine and health, physical sciences, social sciences, and theology. This visa can be granted for a maximum period of six years with the option to be extended beyond six years in certain circumstances.

The number of new H-1B visas issued each year in the U.S. is subject to a congressionally mandated quota, which is 65,000 H-1B visas under the "regular" cap and 20,000 under the "masters" cap per year. All H-1B visa holders are allowed to bring their immediate family members (spouse and children under 21) into the U.S. under the H-4 visa dependent category. H-4 dependents can receive work authorization under certain circumstances.

To learn more, contact our San Mateo immigration lawyer.

H-1B Visas for Start-Up Companies

A common concern is whether a start-up company can sponsor H-1B employees. Due to their “newness,” start-ups have the added burden of proving that they are legitimate companies capable of employing H-1B workers. However, even though start-up companies often do not have as much business activity or revenues to show as compared to more established businesses, it is still highly possible for these companies to obtain H-1B approvals (as long as all other H-1B requirements are met).

Proving that a start-up company is solid, legitimate and financially viable can be done by submitting additional documentation, such as the contract between the start-up and the prospective H-1B employee, contracts between the start-up company and existing clients, payroll records, venture capital funding, a lease agreement, and perhaps even photos of the company's business premises. It is important to look at the totality of the circumstances and submit evidence accordingly.

In short, with careful planning and documentation, start-up companies can also obtain H-1B approvals. The Alagiri Immigration Law Firm has been highly successful in filing H-1B petitions for start-up companies.

Speak to an Attorney for H-1B Visas in San Mateo

If you would like to pursue an H-1B visa application, we invite you to contact us or call (650) 562-6900 for a consultation. Based in San Mateo, California, The Alagiri Immigration Law Firm provides immigration assistance to clients throughout the San Francisco Bay Area and worldwide. Let us discuss your case with you.

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