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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.
Who Is Eligible:
- There is currently a premium processing option which for an additional $1,000
in US Immigration Service fees, the 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 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.
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 Employer's Obligations?
- - 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 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 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
- 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 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 The US Immigration Service 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 The US Immigration Service 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 here
to verify The US Immigration Service fees as these change regularly.
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 The US Immigration Service:
- http://www.uscis.gov/graphics/shared/howdoi/h1b.htm
Premium or fast processing of H-1B visas:
- http://www.immigration.gov/graphics/howdoi/prem_process.ht
content. No attorney/client relationship exists as a result of an individual or entity reading or utilizing the contents of these
pages. If you want actual legal advice you should call or visit a licensed attorney.
Licensed by the Texas Supreme Court. Not Certified by the Texas Board of Legal Specialization in any Particular Area.
