Immigration

Specialty Workers (H-1B)

Every fiscal year there is a certain limitation placed on the number of specialty workers visas that are to be granted, including H1B and H2B visas. These visas are typically granted to those who want to work in a specialized work field, bring excellent services to a Department of Defense cooperative research and development project, or a well-renowned fashion model.

Prospective specialty occupation and distinguished fashion model employers must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, as well as other sanctions to the employer. The application requires the employer to attest that he/she will comply with the following labor requirements:

  • The employer will pay the beneficiary a wage that is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.

  • The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor application, there is no strike or lockout at the employer’s place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.

This makes it even harder for one to attain these types of work visas. That’s why you need the Law Offices of Gary J. Kim to help prepare your petition so that you are can be granted a specialty worker visa. H-1B visa is most likely your first step towards your green card, so you most definitely want to start on the right foot. Even start-up companies will be able to attain H-1B visas, so don’t be afraid to ask questions to us.

We will make sure that the petition from your U.S. employer is perfected for approval so that everything required to get your H-1B visa will be prepared and smoothed out for an easy application process.

Schedule a Consultation Today

At the Law Office of Gary J. Kim, we take great pride in the personalized attention we provide to each of our clients.  We understand how challenging the process can be, and we will work with you through every step to help you through. To schedule your free initial consultation, call us at (213) 427-6262 or contact us online.