H-1B VisaDescription Employers in the United States that wish to employ foreigners in professional positions for “specialty occupations” may file petitions with the USCIS requesting H-1B status for foreign national workers. The temporary professional visa (H-1B) allows professionals to enter the United States and accept temporary employment within their profession. This visa is often utilized by engineers, professors, researchers, computer scientists and other professionals as a means to gain valuable work experience in the United States while receiving a professional income. The visa is subject to annual quota restrictions and is often sought by foreign nationals who have completed their professional training either in the United States or abroad. Advantages Permission to Work Allows professionals to enter the United States and accept employment in a professional capacity for a temporary period. Earnings The professional is allowed to receive a salaried income from the employer. Duration The H-1B visa is granted in increments not to exceed a total stay of six years. Spouses & Children Spouses and children under twenty-one years of age may be entitled to remain in the United States for the duration of the H-1B visa holder’s authorized stay. They are issued H-4 visas and are not permitted to work as H-4 visa holders. Dependants Permitted To Attend School or College. The spouse and children under twenty-one years of age are permitted to attend school on their H-4 visa status. Multiple Employers More than one H-1B visa petition may be in effect simultaneously, allowing the H-1B temporary professional to work for two employers during the same time period. Requirements Professional The applicant must possess the appropriate academic degree or equivalent by experience through progressively responsible positions. If the applicant possesses a foreign degree, the Immigration Service may require a credential evaluation. Employment There must be an employer in the United States offering the professional employment. The offer of employment must be to perform services within a “specialty occupation” which requires theoretical and practical application of a body of highly specialized knowledge and a bachelor’s or higher degree in the specific specialty as a minimum for entry into the occupation. The offer of employment may be for full or part time employment. Licensure Where licensure is required to practice a profession, the applicant must hold appropriate licensure under state law. Employer The employer must complete the Labor Condition Application procedure with the United States Department of Labor. The Department of Labor must approve the employers Labor Condition Application. The employer must agree to pay transportation cost if the employer terminates employment prior to the end of the authorized employment. Limitations No Work Prior to Approval Employment may not begin until the Immigration & Naturalization Service has issued its approval and the appropriate visa issued. Changing Employers Employers may be changed during the six year H-1B visa duration, but only after approval of the new employer and by the Immigration & Naturalization Service. Quota The H-1B visa (specialty occupation) is subject to an annual numerical quota. Spouse & Children Not Allowed to Work The spouse and children of the H-1B visa holder are not permitted to work. Procedure Step 1: Wage Determination Form The employer files a Wage Determination Form with the local (state) Department of Labor to ensure that the employer is paying “the prevailing wage” for the job and the profession. The Wage Determination Form must be certified by the Department of Labor. Step 2: LCA . Form ETA 9035 The employer petitioning for H-1B status must file a labor condition application ‘LCA’ with the U.S. Dept of Labor. The LCA (form ETA 9035) must be certified by the DOL before the H-1B petition is filed with the Dept. of Labor. Step 3: Form I-129 The employer files with form I-129 with the USCIS. A decision is usually issued in two to six weeks. Required Documents Specialty Occupation An H-1B is an alien coming temporarily to perform services in a specialty occupation. A specialty occupation is one which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty. The petition must be filed by the U.S. employer, and must be filed with: An approved labor condition application from the Department of Labor; Evidence the alien has the required degree by submitting either: A copy of the person’s U.S. baccalaureate or higher degree which is required by the specialty occupation. A copy of a foreign degree and evidence it is equivalent to the U.S. degree, or Evidence of education and experience which is equivalent to the required U.S. degree; A copy of any required license or other official permission to practice the occupation in the state of intended employment; and A copy of any written contract between you and the alien or a summary of the terms of the oral agreement under which the alien will be employed. Processing Times: LCA: 7 Days USCIS – New Petition: 2-3 Months USCIS – Transfer or Renewal/Extension: 2-3 Months USCIS – Premium Processing Service: 15 Days |