Immigration / H-Visa

The H1B visa is a visa for highly qualified employees or specialized professionals who are seeking a residence and work permit in the USA. It is a temporary visa.

The prerequisite is an academic (or equivalent) degree and a corresponding job offer in the USA. It is not necessary for the applicant to have accepted a management position in the US company. The applicant does not have to have previously worked for the company. Likewise, the applicant does not have to have a specific nationality.

The granting of a visa is also not dependent on whether the position could primarily be filled by US citizens (no labor market check – “Labor Certification”). However, the US company is required to submit a so-called Labor Condition Application, in which the employer must disclose the salary and working conditions of the person to be hired. The information must not be below the conditions applicable to US employees.

Unfortunately, the conditions for issuing visas are strict and the number of work visas issued is limited. As a rule, the number of applicants exceeds the number of visas that can be issued. This often leads to long waiting times.

In addition, nationals of certain countries, including Germany, Austria and Switzerland, can apply for an H-2B visa. This is a visa for employees without specific academic qualifications. However, certain practical or theoretical knowledge and skills are required for the visa to be issued if the job requires them. The H-2B visa is issued for a maximum period of one year and can be extended to a maximum of three years.

In contrast to the H-1B visa, the H-2B visa is not a so-called dual-entry visa – this means that the visa holder must not have any immigration intentions and cannot apply for a green card at the same time. Residence outside the USA must be maintained.

We will be happy to assist you with your visa application so that nothing stands in the way of your professional plans in the USA.