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H1B1 Visas

If you’re an American employer, you can hire workers from Chile or Singapore. However, you first need to sign the papers for an H1B1 visa. The process is more difficult than you might imagine.

Before making any major decisions, there are a few details you should know. The visa isn’t for everyone. You should speak with an immigration lawyer to learn about the requirements for the visa and for guidance through the process. Here at the Florida Immigration Law Counsel, we can assist you in your quest for a work visa.

Who Is Eligible for an H1B1?

As mentioned above, an H1B1 visa is a work visa available to citizens of Singapore or Chile. However, there are many requirements for the visa. They need to be professionals with a four-year degree or the professional equivalent. Additionally, they need to be working in a specialty occupation and must only work for 18 months at a time.

Specialty Occupations

Most specialty occupations require a minimum of a four-year degree. But there are some exceptions. For examples, Chileans who are physical therapists and agricultural manager do not need a degree. Chileans and Singaporeans alike do not need degrees if they are disaster relief claims adjusters or management consultants with a degree in a specialty other than their profession.

Education isn’t the only requirement for a specialty occupation. For a job to qualify, it must require specific theoretical and practical knowledge. The workers should require thorough education and on-the-job training.

Family Members

If you come to the U.S. on an H1B1 visa, you don’t need to leave your family members behind. Your spouse and unmarried children under the age of 21 can accompany you. However, they are only eligible for the dependent H4 visa. This is an option whether or not the family members are citizens of Chile or Singapore.

Although your members can accompany you, they can’t work in the US. The H4 visa does not permit the visa holder to gain employment. It does, however, allow them to study while on U.S. soil.

How Can You Get the Visa?

If your worker is in need of this visa, they have two choices. The first option is to make an appointment at a U.S. Embassy anywhere outside of the US. They must show the necessary documents and request the visa. Typically, this takes about two or three weeks.

The second option is for individuals already in the country with legal status. In this scenario, the worker can ask their employer to mail the visa request to the USCIS. However, this method takes longer. It takes approximately four to six months for the USCIS to process the request, and there is no way to speed up the decision. The worker cannot work until the visa is approved. For that reason, most employers don’t use this option.

Labor Condition Application

There’s another step in the visa process, and only the employer can complete this step. The employer needs to get a Labor Condition Application (LCA) certified for the potential employee.

To receive the LCA, the employer needs to go to the Department of Labor. However, few employers are aware of the process. You can turn to an immigration lawyer and receive guidance. They can do the work for you.

Limitations with H1B1 Visas

There are many challenges facing those who have or need H1B1 visas. First, there’s the cap on visas. Every year, there is a limit to how many H1B1 visas are issued. According to the Chile and Singapore Free Trade Agreement, the USCIS can only give out 6,800 H1B1 visas each year to Singaporeans and Chileans. This doesn’t include their spouses and children.

Typically, that limit is not reached. But it is a possibility and one of which you should be aware of. Another limit does often affect other visa applicants — a limit on dual intent visas.

Single intent visas only allow the worker to stay in the country on a temporary basis. The H1B1 is a single intent visa. But the H1B  is a dual intent visa. This type of visa allows you to apply for a green card while on the visa. Every year, there is an H1B lottery. Only a few of the applicants receive the visa.

Another limitation is the timeline. At American port of entries, immigration officers rely on a 600-page rule book. That rule book dictates the rules of admission for all visas, including the H1B1 visa. According to the rules, H1B1 visa holders can only remain in the country for a maximum of one year. That timeline can be less if the LCA is not for the full year.

Renewing the Visa

Unlike certain visas, the H1B1 is renewable under certain conditions. In fact, it is indefinitely renewable as long as you can show that you do not intend to remain in the U.S. permanently. This means you need to have no pending green cards and you do have ties to your home country. Usually, the government only issues about five or six H1B1s before suspecting an intent of permanency.

To renew the visa, an employer can mail in the renewal. The renewal takes between four and six months, so the employer must do it in advance of the visa’s expiration. The other option is for the applicant to ask for one at a U.S. Embassy in another country.

Why Should You Work with an Immigration Lawyer?

The visa process can be quite complex. Whether you are an employer or a potential employee, you are likely to encounter many challenges. One of the biggest challenges is a lack of understanding of visa options and requirements.

By speaking with an attorney, you can learn more about your options and the process. They can give you a better understanding of what employers and applicants need to do. After they explain the process, they can take you through it.

If you don’t want to face the challenges of obtaining a visa alone, you can work with the Florida Immigration Law Counsel. Our firm has the experience necessary to guide you and help you accomplish your immigration goals. Contact us today for more details.

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(Translated by Google) My experience with Saman as my representing attorney was exceptional. She is an extremely professional individual with a clear and focused mind and attitude. She is very knowledgeable and was quick to provide solutions to any unexpected conflicts, and was very patient throughout my entire legal process. Saman was also very reliable and responsive, as was her team at her legal firm, thanks for all you did for us !! we are a super happy customers we strongly recommend her. Our experience with lawyer Saman Movassaghi as a representative was very positive and exceptional, a human person and with a lot of dedication to his work, always pending and accessible to any concerns of his clients, a person who knows what he does very smart and eagerly to solve as difficult as the case may be, I have plenty of words of thanks in the way she and her team handled our case. With professionalism and ethics., we will be forever grateful, I recommend it with closed eyes. Thank you!! (Original) My experience with Saman as my representing attorney was exceptional. She is an extremely professional individual with a clear and focused mind and attitude. She is very knowledgeable and was quick to provide solutions to any unexpected conflicts, and was very patient throughout my entire legal process. Saman was also very reliable and responsive, as was her team at her legal firm, thanks for all you did for us!! we are a super happy customers we strongly recommend her. Nuestra experiencia con la abogada Saman Movassaghi como representante fue muy positiva y exepccional, una persona humana y con mucha dedicacion a su labor, siempre pendiente y accequible a cualquier inquietud de sus clientes, una persona que sabe lo que hace muy inteligente y con muchas ganas de solucionar por mas dificil que sea el caso, me sobran las palabras de agradecimiento en la forma como ella y su equipo llevaron nuestro caso. con profesionalismo y etica., estaremos por siempre agradecidos, la recomiendo con ojos cerrados. Gracias!!

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My husband and I can’t thank Saman and her staff enough. They helped my husband to finally get his permanent residency after almost 4 years of waiting. We are forever grateful for their hard work and dedication!

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Best lawyer for immigration and the best team! I’ll always be grateful for their dedication and hard work. Super easy to communicate, always available, always on top of the situation, always ready to answer any of the questions and deal with any situation we faced. I would definitely recommend to anyone, they are simply the best.

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Saman and her team was absolutely Amazing! From start to finish they were able to take my case from filing status to APPROVAL status. I have no complaints and I felt more like family than a client. I would recommend her services any day!

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Everyone that works with Saman is amazing, they're very helpful and understanding throughout the whole process from start to finish. My first stage Green card has been so fast I can't believe it a matter of months. I look forward to them helping me with further stages as the time goes on. I highly recommend anyone in miami needing immigration services to use this practice, they are truly a Dream team. Complete package.

- C Murphy

Simply phenomenal from start to finish. Her legal skill is great, she is competent, professional, and personable. More important, she is a supportive attorney who truly cares. My case had a lot of hurdles, she went above and beyond and did everything she could to ensure a great outcome. I luckily received my green card. She always available daily and responded directly to my questions promptly and professionally. She always showed her best. Thank you again for all her hard work, professionalism, and enthusiasm. If you are involved in litigation and needing a good attorney, I highly recommend Saman Movassaghi to represent you.

- Ahsan Siddiqui

5 stars are not enough for the amazing and exceptional service we received during our immigration process. We worked with Saman since June 2019 and she provided a great service from the second we meet her . She always was available via email or phone during the entire process even through the waiting period when nothing was happening other than to wait and have patience. The entire team is amazing and they are always going for the extra mile . Please don’t hesitate to contact Florida Immigration Law Counsel either if you need help inside the USA or via the consular process. Their success rate is incredible and if you need more info please check them on Instagram( cases updates ,immigration news or changes in policy and forms) I wish all the best and can’t wait to make a visit to their office to say “hello “.

- Silviu Stefan

Very professional teams. They solved any problem that came up during the process very fast. We are very satisfied with the outcome. I would definitely come back if I ever need help again. Thank you!

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Saman and her team were on top of everything. Very professional and extremely organized. Quick to respond to any questions or concerns regarding her clients cases. Very thankful for all she’s done for us and making the process smooth for us.

- Leidi Cespedes

Saman and all her staff are very friendly, knowledgeable, very responsive and dedicated, very helpful, and they provide great service, if anyone need an inmigration lawyer she is the Best. I recommend her 100%, thank you Saman, thank you all. Florida Law Counsel is the one. Can't wait for my next step My citizenship. Call them you won't regret it...

- Claudia Saldana

If your reading my review I want you to know that I did very large search to hire the best attorney in Florida. In my research I took everything into consideration. Saman was the only lawyer I found with zero bad review and zero client complaint. I worked remotley with Florida Immigration law counsel. From day 1 saman and her team Rebecca and Madelyn were on top of my case. Rebecca Helped in preparing the pockets and filling up the forms. very easy going and fast. Madelyn did amazing job breaking down my bill and making sure I understand it. Some Important notes: 1- I was able to reach saman anytime even if it was weekend or holidays. 2- If I called the office asking for attorney call back it does not take more than 2 hours to get my requested call back. 3- Saman made sure she review my case before calling back.

- Shahab Aal Shahabi

Attorney Saman Movassaghi and her Paralegal Lianette, filed my EB-1 petition in December 2019, and get it approved in less than 6 months. Immediately after my I-140 was approved they filed the adjustment of status for me in my family, right in the middle of the pandemic (June 2020). Even though my biometrics appointment was delayed until October 2020 due to Covid-19 mandatory closures, and USCIS never issued my EAD regardless countless of requests from my Attorney, my adjustment of status was approved in January 2021. My family and I are now Permanent residents of the United States. Saman and her team are excellent professionals. They kept close management of my case, and I always received articulate, knowable, and effective feedback from them when I contact them with a request or concern. They made the process so much easier and gave me peace of mind in a stressful but successful outcome. I not only recommend attorney Saman Movassaghi’s Law Firm but I guarantee once you have used her services you too will look no further.

- Yehoshua Ratovsy

As a former employee I thank everyone in the office for being such great co-workers and such an outstanding team of professionals. If anyone is looking for anything immigration related Saman Movassaghi is the best out there.

- David Lobo

Great firm! Saman always make herself available to answer any questions or concerns. Very responsive, professional and proactive team!

- Ben Nave

It is my Pleasure to give my full recommendation for this firm, helped my brother case from the beginning .

- Ahmed Yousry

Efficient, professional, takes her time with her clients, explains everything very well, highly recommended .

- Diana Hteit

Extremely knowledgeable in every field of the immigration process and clear case handling, and Saman is completely accesible.

- Rolando Wejc

Such an amazing experience with Samen, everything went so well. She made sure all of my Husband and I paper work was in order.. Communication was always Immaculate I truly appreciate her and her office staff, she was always on top of us for any information that was needed and made our process go so smooth, even with the pandemic they still made sure we were preparing for our interview. We are beyond greatful and had an amazing outcome BEST LAYWER!

- Dashawna Freeman

Saman, Alba and the entire team are fantastic! They take the time to explain the process thoroughly. I would definitely recommend them.

- Jon Virtue

They are an amazing firm for immigration purposes. They explain everything and take all the stress out of the process completely!

- Christopher Wadsworth

Excellent experience! Saman was very professional and efficient in getting me answers to my questions, would highly recommend her and this office for all your immigration needs.

- Azra Kazmi

Professional, knowledgeable and quality work. Always responsive and friendly.

- Ashfaq Lodhi

Ms. Saman Movassaghi is an outstanding lawyer with a great depth of knowledge! She went above and beyond to assist me! Throughout the entire process she was professional and always responded to my questions and concerns quickly! I would highly recommend her to anyone seeking advice or assistance.

- Elisha Mahilal

I wanted to thank Saman for her professional help and guidance on my case. With her knowledge and experience, I had the smoothest and quickest experience I could ever imagine for getting my citizenship last week. Her involvement in my case made all the difference! Thanks for all you did! I definitely recommend her for anyone who is looking for the same quick result and smooth experience.

- Hamidreza Nazemi
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