H-1B & O-1 Visas

Los Angeles, California, Area Attorneys for H-1B and O-1 Visa Petitions

Securing employment or advancing in a chosen field through work in the U.S. is one of the many reasons people may need a nonimmigrant visa for temporary legal residency. At the Law Offices of Scott Warmuth, A Professional Corporation, we help employers and individuals of all backgrounds navigate the complexities of immigration law. Please contact us for counsel on and assistance with applying for your immigrant or nonimmigrant visa.

We Help Professionals Obtain H-1B Visas

The H-1B category of nonimmigrant visa enables professionals who have a bachelor's degree or equivalent college-level education to live and work in the U.S. legally. It allows U.S. employers to employ foreign guest workers skilled in specialty occupations only when qualified U.S. citizens or residents are not available. H-1B petition must be filed by the employer. H-1B work-authorization is strictly limited to employment by the sponsoring employer - except that many H-1B work for bodyshops who then place them with third party employers. This is a temporary work visa that is initially valid for three years, but can be extended to a maximum stay of six years.

The stated intent of the H-1B visa program is to allow professionals in "specialty occupations" to contribute to the U.S. economy. The standards can be successfully applied to a wide range of industries and occupations, such as professionals working in computer science, programming, accounting, engineering, finance, medicine and many others.

O-1 Visas for People with Extraordinary Ability

One of the challenges associated with H-1B visa applications is that there is a cap on the number of workers admitted each year. In contrast, there is no established cap on the number of O-1 visa approvals, but the requirements for an O-1 visa are substantially greater.

An O-1 visa may be suitable for an individual who has demonstrated extraordinary ability in the arts, the sciences, business, education or athletics. If you have been recognized for excellence in your field through notable awards, commercial success or successful publication, an employment-based O-1 visa may be right for you. In order to be considered for an O-1 visa, the petioner must have three of the following forms of documentation:

• (1) Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• (2) Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
• (3) Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
• (4) Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
• (5) Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;
• (6) Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;
• (7) Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
• (8) Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

Our lawyers and staff provide efficient, informed assistance to employers and individuals with all immigration law matters, including petitions for H-1B and O-1 temporary visas. Please contact us to schedule a free consultation to discuss your needs.