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Job visa H-1B
Thousands of foreign workers from a wide variety of disciplines obtain an H-1B visa and are welcomed into the United States each year.
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H-1B visas are available for foreign professionals in specialty occupations. US employers who wish to employ these foreign professionals can petition for them to legally live and work in the US for a total of 6 consecutive years. Spouses and children (under the age of 21) can accompany H-1B holders as H-4 visa holders.
Beneficiaries must satisfy certain educational requirements. They must possess at least a bachelor’s degree. If you don’t have a bachelor’s degree the requirement can be met by having a 3 year degree and 3 years of post-graduate experience.
H-1B occupations require highly specialized knowledge. Specialty occupation is defined as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor’s degree or high degree in the kind of specific specialty (or its equivalent) as a minimum for entry into the occupation in the US.” Generally these occupations are in the fields of, but not limited to: Business, IT, Physical Scientific Research, Biotechnology, HealthCare/Medicine, Marketing, Sales, Recruiting, and Telecommunication.
H-1B visas can be issued for up to 3 years and then extended for up to 2 years. These visas can only be issued for a maximum of 6 years, with limited exceptions.
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Do you know if you are eligible to apply?+-
Do you know what immigration form(s) to use?+-
Do you know what documents and/or evidence to submit with your application?+-
Do you know the amount of the government fee(s) you need to pay?+-
Do you know where to file the your immigration package?+-
Our online software makes it so easy to complete your immigration paperwork
Our online software makes it so easy to complete your immigration paperwork
General instruction by USCIS
The application process for an H-1B can start 6 months before the commencement of the petitioned employment, but no earlier. The steps for applying for an H-1B are generally as follows:
- After an alien worker accepts the job offer, the employer will agree to file an H-1B petition for the worker;
- Information is obtained for the application, including a detailed job description, exact dates of proposed employment, employer’s information, employee/beneficiary’s qualifications and work experience;
- Prevailing wage for the area of intended employment of H-1B beneficiary is determined;
- Labor Condition Application (LCA) is filed with the Department of Labor (DOL) on behalf of the Employer;
- Once the LCA has been approved by the DOL, the H-1B petition with supporting documents will be filed with USCIS with Form I-129 Petition for a Nonimmigrant Worker.
Documentary Evidence
The following documents are required to be submitted with an H-1B application:
- Documentation from Employer
- Company Brochure(s)
- Company Letterhead
- Documentation from Employee
- Resume/Curriculum Vitae
- Diploma
- Transcripts
- Foreign diploma equivalency, if necessary
- Passport
- I-94 and visas
I am a foreign national and own a company in the US. Can I file an H-1B petition for myself?
Yes. USCIS will require that you meet the same standards as any other petitioning employer, including paying the prevailing wage. In addition, you will need to provide evidence that the company is real and operating. The employer company must have hiring/paying/supervising/firing power, that is not dependent on the alien owner.
My H-1B application is pending. Can I legally work for my employer?
It depends. If you currently have permission to work with either a previous H-1B visa or OPT, you can continue to work. If you do not have permission to work through any other visas, you cannot work until the H-1B has been approved.
I was just laid off by my employer. Do I have a grace period with my H-1B to stay in legal status?
No, not officially. Before your employment is terminated you must file a change of status. If you do not file a change of status you will be out of status on the date you are terminated. USCIS will generally disregard any out of status period less than 10 days for H-1B holders.
I currently have an H-1B visa but was offered a new job with a different employer. What steps do I need to take to start work with the new employer?
Your new employer must first file a new H-1B application and pay all applicable fees. The employer must provide the same documentation that was provided with the initial application from your prior employer, including a new LCA. Once a petition has been filed with USCIS it typically takes 2-3 months for approval. A decision can be received faster if premium processing is requested.
I have two offers from two different employers. Can I apply for two H-1Bs?
Yes. You may work for more than one US employer, however, each employer must file a Form I-129 Petition for Nonimmigrant Worker.
Am I still eligible for an H-1B if I received my undergraduate degree in a foreign country?
If you received your undergraduate degree in a foreign country, you will need to have your degree evaluated to determine whether it is equivalent to an undergraduate degree offered by an accredited US university.
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Our online software makes it so easy to complete your immigration paperwork
Our online software makes it so easy to complete your immigration paperwork
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Immigration Advocacy Service
Immigration Advocacy Service
With our Attorney Application Review option, you can choose to have an experienced immigration attorney review your application and correct any mistakes.
With our Attorney Application Review option, you can choose to have an experienced immigration attorney review your application and correct any mistakes.
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