Lawyer Asım Kılınç Answers Your Questions About the H-1B Visa
Lawyer Asım Kılınç Answers Your Questions About the H-1B Visa
FRONT MARCH 4, 2025 / IN BLOGS, H-1B VISA, TR
CK Law Firm's content editor, Deniz Kaya, and CK Law Firm's founding partner, Asım Kılınç, who specializes in the H-1B visa, met with Ekşi Sözlük to answer frequently asked questions about the H-1B visa. We thank Asım Kılınç for the enjoyable interview.
When you read this text, you will be able to find answers to the following questions:
- What is the H-1B visa?
- Who can apply for an H-1B visa?
- How does the H-1B visa application process work?
- How long is the H-1B visa valid for?
- Can families of H-1B visa holders also come to the US?
- What are the most common mistakes made for the H-1B visa?
- What are the latest developments regarding the H-1B visa?
- What are your recommendations regarding the H-1B visa?
What is the H-1B Visa?
This visa is a work permit for qualified foreign workers who wish to work temporarily in the United States. It is particularly preferred for those working in specialized professions (such as IT, engineering, healthcare, and finance). This visa type requires the applicant to have a bachelor's degree or higher and to be sponsored by the employer.
Who Can Apply for an H-1B Visa?
To apply for an H-1B visa, an individual must have at least a bachelor's degree and the job they're applying for must be in a field that requires that degree. Furthermore, applying directly as an individual is not possible; sponsorship from a US-based employer is required. Applications for this visa are generally high in the technology, engineering, academic, and healthcare sectors.
How Does the H-1B Visa Application Process Work?
The process consists of the following steps:
- The employer submits the Labor Condition Application (LCA) to the U.S. Department of Labor (DOL) and receives approval.
- After approval, an application is made to USCIS (United States Citizenship and Immigration Services) with Form I-129 (H-1B application form).
- If the application is approved, the person applies to the US consulate for a visa interview.
The application process is highly competitive, and a limited number of applications (typically 85,000) are accepted each year. It's especially important to prepare for the application period, which begins in April.
How Long Is an H-1B Visa Valid?
This visa is initially issued for three years and can be extended for an additional three years. This visa allows for a total of six years of stay in the US. Those wishing to stay beyond this period can begin applying for a green card.
Can Families of H-1B Visa Holders Also Come to the US?
Yes, spouses and unmarried children under the age of 21 of an H-1B visa holder can apply for an H-4 visa and reside in the US. However, H-4 visa holders have limited work rights. Generally, an H-4 visa does not grant a direct work permit to spouses. However, once the H-1B visa holder's permanent resident (green card) application form I-140 is approved, spouses can obtain an Employment Authorization Document (EAD) and become legally employed. Children have the right to receive an education but are not eligible for a work permit.
What are the Most Common Mistakes for the H-1B Visa?
The most common errors are:
- Incomplete or incorrectly filled application forms.
- The employer does not obtain LCA approval in a timely manner.
- The application file is not supported by the required documents.
- The application is stuck within the quota limit.
Therefore, it is important to prepare the application carefully and receive professional support.
What are the Latest Developments Regarding the H-1B Visa?
In recent years, oversight and scrutiny of H-1B applications have been tightened. The Biden administration has also introduced some streamlining regulations for STEM professionals. These changes could directly impact the application process. It's important for applicants to stay up-to-date on these regulations.
What are Your Recommendations Regarding the H-1B Visa?
My advice to prospective applicants is to seek the support of a qualified attorney to avoid making mistakes during the process. Furthermore, closely monitoring application deadlines and quota status is crucial. Contacting your employer early and beginning your application preparations will be a significant advantage.
The H-1B visa offers significant opportunities for qualified professionals seeking careers in the US. However, due to the complexity of the process and limited quotas, meticulous application preparation is essential. For professional assistance during this process, please contact me at cklawfirm.org, info@cklawfirm.org, or through my LinkedIn profile. Visit our Blogs page to browse new articles and discover helpful information.