Legal Residency for Professional and Specialty Employees

Learn About Your Immigration Options from Foley Law Offices

The H-1B visa program allows a certain limited number of international professionals to gain entrance into the United States in order to work in their profession of choice for three years or less. This time period can be extended under certain circumstances. In order to qualify, your profession must require at least a bachelor’s degree or its equivalent and it must be considered a “specialty occupation.” This particular visa also covers fashion models who are regarded highly for their work and are of “distinguished merit and ability.”

Looking for an attorney for a legal residency case in Boston? If you are a professional or specialist and interested in obtaining a temporary visa to work in the United States, your employer must file a petition with the Department of Labor before you can begin the process of pursuing an H-1B visa. You will also need to provide significant documentation, including:

  • Proof that your work qualifies as a “specialty” profession
  • Proof that you have obtained a U.S. bachelor’s degree or the equivalent
  • Proof that you have any licenses necessary to work in your profession

Labor Certification from the Department of Labor

The H-1B visa has a special requirement called the “Labor Condition Application,” or LCA, that your prospective employer must with the Department of Labor along with the Form I-129, Petition for a Non-Immigrant Worker. On this form, your employer must assert that he or she will pay you no less than the wage normally paid to workers of your qualification and position. Your employer must also assert that he or she will guarantee that the working conditions provided will not in any way interfere with or negatively affect other employers in the company or business. In addition, your employer is responsible for the cost of your transportation if he or she dismisses you before the agreed end point of your visa. If you choose to leave your occupation of your own free will, however, then your employer is not responsible for your return transportation.

Contact my firm for answers to questions about your eligibility!

Need an attorney for legal residency for professional and specialty employees? If you are curious about whether or not your profession allows you to qualify for an H-1B visa, I can help. At Foley Law Offices I am prepared to assist you with the complex paperwork required for this type of visa as well. With more than two decades of experience as a Boston immigration attorney, I’m equipped to help you solve your immigration problem and obtain legal residency in the United States. Together we can begin pursuing your residency goals. Whether you are a doctor, artist, mathematician, engineer, scientist, teacher, accountant, fashion model, or another professional or specialist, I want to help you achieve your goals. Call Foley Law Offices today to book an appointment at my Boston office.