H-1B - Specialty Occupation Work Visa
Description
An H1B visa allows a foreign person with at least a bachelor’s degree
or its equivalent in work experience to work in the U.S., if the position
the foreigner will fill requires such preparation, and the employer agrees
to pay the individual the prevailing wage for such a position in the location
of employment. The person will be in non-immigrant status (meaning that
the person will not be residing permanently in the U.S.). However, the
individual may apply for permanent residency thereafter. This is appropriate
for someone who has a specialty job offer in the U.S. (requiring a bachelor
degree or its equivalent in relevant work experience) and wants to start
working as soon as possible.
There is currently a premium
processing option, which for an additional $1,000 in filing
fees, the US Immigration Service will commit to process the application
within 15 calendar days from receipt of the application. Processing the
application does not mean that there will necessarily be a final decision
after 15 days, but rather that there will be a response after this time.
This response may be a visa approval, a denial or it may also include
a request for additional documentation from the petitioner or the employer.
Click here for more information on premium processing.
Who Is Eligible
Foreigners with a bachelor degree, or its equivalent in work experience
and specialized skills, are eligible for an H-1B visa (their dependents
are eligible for an H-4 visa). To apply for this visa you must have the
following requirements:
- A job offer in the U.S. with a company willing to sponsor you
- A salary and working conditions that matches what others are making
in the same field in the area where you will be working
- A bachelor degree or experience in the field of employment equivalent
to a bachelor degree; or
- Relevant work experience to the position offered
Visa Duration
H1-B visas last for 3 years.
Renewability
Can be renewed or transferred repeatedly, for a total of 6 years of
validity. The visa holder may also apply for a permanent residency soon
after applying for the H-1 (as a dual intent applicant).
Family Benefits
In the event the H-1B beneficiary seeks alternative employment, he/she
will need to transfer the H-1B visa. The H-1B holder may begin working
in the new job prior the approval of this transfer, however, if the transfer
is not approved the original H-1B visa will be lost. It is therefore recommended
to complete the transfer before starting work in the new job. H-1B dependents
(family members) or H-4’s can live and study in the U.S. as long
as the H-1B or "primary" visa remains valid.
What are the Employers Obligation
- If the H-1 B employee is terminated for any reason before his/her
authorization to work in the U.S. expires, the employer is liable for
the reasonable transportation costs to return to the immigrant's last
place of residence.
- Employer is prohibited from charging a terminated H-1B employee a
penalty for leaving his/her employment prior to any agreed date.
- Employer must pay the H-1B employee the required wage no later than
30 days from the H1 B employee's entry into the U.S., or 60 days from
the approval date of the visa petition if the H1 B employee is already
in the U.S.
- Employer must provide the same working conditions and pay the same
benefits to H1B employees as they do for U.S. employees.
- The employer shall keep a copy of the LCA application and appropriate
employment and wage records supporting the validity of the statements
made in its LCA application and shall make this information available
in the event that the U.S. Department of Labor or the US Immigration
Service requests it.
There are additional job posting requirements or "attestations"
imposed on employers that are H-1B dependents. The guideline established
by the Immigration and Nationalization Act (INA) below determines that
an employer is H-1B dependent if:
- The employer has a total of 1 to 25 FTE's (Full time equivalent employees),
and employs 7 or more H-1 B employees.
- The employer has a total of 25 to 50 FTE's (Full time equivalent employees),
and employs 12 or more H-1 B employees.
- The employer has a total of 51 or more FTE's (Full time equivalent
employees), and 15% or more of those employed are H-1 B employees.
Note: H-1B employees that have a minimum of a Master's degree or earn
U.S. $60.000 or more, exempt their employers from these additional job
posting requirements or "attestations)
What Documentation Do I Need?
All documents must be presented to the US Immigration Service with their
English translation. It is cost-effective and therefore recommended
to our clients that they bring these documents translated to our office:
- Birth certificate
- Copy of passport, current visa, and your I-94 form (I-94 form only
if you are already in the U.S.)
- Copies of university transcript(s)
- Copy of your resume
- Copy of any educational certificates or diplomas
- Letters of recommendation from
- present employer
- previous employer (if possible)
- previous instructors/professors (if possible)
- Job description outlining duties and responsibilities and minimum
experience and education required for position.
- Letter from American sponsoring employer with offer of employment,
including position and salary offered
Sponsor employer information needed:
- Address, telephone, and fax numbers
- Tax ID number
- Name and title of direct supervisor
- Description of their recruitment efforts to date
- Description of their business and the business date of inception
- Number of current employees at company
- Number of current employees with H-1B visas
- Current financial statements (balance sheet and income statement or
tax returns)
- Any marketing material describing the employer and its business
What Is The Process Like?
There are three major stages:
Stage One:
Approval of the prevailing wage request with the applicable State
Department of Employment (Approximately 1 week)
Stage Two:
Approval of the labor certification, form ETA 9035 by the U.S.
Dept. of Labor (Approximately 1 week)
Stage Three:
Approval of the H-1B visa application, consisting of forms: I-129,
I-129 H and I-129 W (Approximately 60-180 days) or receipt of notice requesting
additional documentation or evidence to support application. In
the latter case, we will work with the client to provide the additional
information to the US Immigration Service and we will prepare a response
with the appropriate analysis and legal argument. This last scenario
would increase the amount of time required to complete the process and
may also increase the legal fees due, depending on the amount of additional
work required.
Note: Time estimates vary depending on the volume and processing times
of the different US Immigration Service centers
Visa limitations: There are yearly limits or caps on the number of H-1B
visas available. It is therefore recommended to start processing an H-1B
as soon as possible, as the annual caps on H-1B visas may delay the start
date of an H-1 B employee. Click here to learn about the current H-1B visa caps.
What are The BCIS Filing Fees
Fees for I-129, $1,000 employment fund fee (except if sponsoring employer
is a non-profit), plus $1,000 if we will be requesting premium processing. Click below links to verify the US Immigration Service fees as these change regularly:
http://www.uscis.gov/forms
http://www.uscis.gov/files/nativedocuments/G-1055.pdf
What are The Legal Fee
Click here to learn more about our fee
structure.
Click here if you would like to come
in for a free initial consultation.
Where Can I Get More Information
H-1B frequently asked questions at the US Immigration Service:
http://uscis.gov/graphics/
Premium or fast processing of H-1B visas:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f61417654
3f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCRD&vgnextch
annel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD
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