Litwin & Smith: Offering Specialized Legal Services To Employers

The San Francisco immigration law firm of Litwin & Smith, a law corporation, is proud to assist American employers wanting to bring skilled workers into the country under the H-1B visa program.

These visas are designed to allow businesses, who may have difficulty finding American workers to fill "specialty occupations," to bring in foreign workers to fill the positions for up to a maximum of six years. These positions normally require that the foreign national have a minimum of a bachelor's degree. The U.S. Citizenship and Immigration Services (USCIS) issues 65,000 approvals per fiscal year, with an additional 20,000 approvals given to applicants with a master's degree or higher. Special rules apply to those employers affiliated with higher educational institutions and to non-profit/government research facilities.

H-1B visas cover workers in three separate categories: specialty occupations, research/development, and fashion modeling. These jobs normally involve possession of a college or postgraduate degree, or, in the case of the models, prominent recognition as a model.

There are slightly different criteria for employers who are seeking persons for each of these visa categories. The most often used, H-1B, the specialty occupation visa, requires compliance with procedures set forth by the USCIS, including filing:

  • Form ETA 9035, known as a Labor Condition Application (LCA), which is a form filed with the Department of Labor to help ensure among other things, that U.S. workers' salaries will be protected and to ensure that foreign nationals are paid an adequate salary.
  • Form I-129 Petition for a nonimmigrant worker - which outlines the nature of the work, length of desired employment, and other factors regarding the employer and the foreign national. Documentation submitted with this form must prove that the foreign national has a degree (or equivalent) and that the position normally requires a degree.

Similar forms are required for a fashion model H-1B visa; prospective employers need to file an approved LCA and a Form I-129. However, no degree is required as with the specialty occupation visa.

Should your business be in the South Bay, Santa Clara, San Francisco or South San Francisco areas, Litwin & Smith is ready to help you with all your immigration needs. They are a highly successful immigration law firm helping employers to employ persons from countries around the world. Recognized by corporate and individual clients and legal colleagues alike, the firm is renowned for its comprehensive representation of employers and individuals. Visit the firm's website at www.litwinlaw.com to learn more.