H1B Visa

Learn About The H1B Visa Eligibility And Requirements For New H1B Visa, Transfer And Extension.

1. H1b Overview

2. H1b Process

3. H1b FAQ

Introduction

The H1B visa category allows organizations with a Federal Identification Number/IRS tax number to employ a foreign professional to work in a specialty occupation for up to six years. Examples of specialty occupations include accountant, computer analyst, engineer, financial analyst, scientist or architect.

Greencard Pro’s experienced immigration attorneys will prepare and file all the required documents for foreign professionals and U.S. companies applying for the H1B visa.

H1B Visa Eligibility – It Is Suitable For:

     

      • Foreign professionals in specialty occupations, such as scientists, engineers, programmers, research analysts, management consultants, journalists, accountants, and others with Bachelor’s or equivalent degree

      • Foreign nationals entering the U.S. to offer exceptional services relating to cooperative research and development projects administered by the U.S. Department of Defense

      • Professional Nurses entering the U.S. to perform complex job duties or supervise nursing operations

      • Distinguished fashion models

      • U.S. companies to bring in qualified foreign professionals for jobs that require a bachelors degree and specialized skills

    H1B Visa Benefits

       

        1. You do not have to maintain a foreign residence and show intent to return to your home country while applying for the visa

        1. Your dependents can stay with you as long as you maintain your H1B status. They can also attend school

        1. You can freely travel in and out of the U.S. provided you have a valid visa

      H1B Visa Requirements

      A. Criteria For Determining Employer’s Eligibility

      To be eligible for sponsoring an H1B visa, the employer must prove that:

         

          1. The position offered requires knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an institution of higher learning

          1. The position requires a specific course of study which relates directly to the position

          1. Attainment of a bachelor’s or higher degree in the specific activity (or its equivalent) is a minimum requirement for the position

        B. Criteria For Determining Employee’s Eligibility

        To be eligible for an H1B visa, you must demonstrate that you have:

           

            1. Full state licensure to practice in the occupation, if such licensure is required to practice in the occupation

            1. Completed the degree required for the occupation or possess experience in the specialty equivalent to the completion of such degree

            1. Recognition of expertise in the specialty through progressively responsible positions relating to the specialty

          C. Positions Generally Considered Professional

          Accountant, Acupuncturist, Chiropractor, Computer Programmer, Dietitian, Electronics Specialist, Fashion Designer, General Manager (where business is complex), Graphic Designer, Hotel Management, Industrial Designer (with B.A.), Interior Designer (commercial), Journalist, Librarian, Medical Records Librarian, Medical Technologist, Minister, Orthopedist, Pharmacist, Social Worker, Technical Publications Writer and Vocational Counselor.

          Note: If your position is not listed above, you may want to contact us to determine if the U.S. Citizenship and Immigration Services (USCIS) would consider the position offered to you as a professional position.

          H1B Visa Notes

             

              • The information provided here is applicable to New H1B Visa, H1B Visa Transfer, and H1B Extension.

              • To change the purpose of your visit while you are in the U.S. on an H1B visa, you must change your visa status.

            Filing Fee – Regular $2,010 (For Petitioners Who Employ Less Than 25 Employees)
            $3,380 (For Petitioners Who Employ More Than 25 Employees)
            Filing Fee – Premium $4,815 (For Petitioners Who Employ Less Than 25 Employees)
            $6,185 (For Petitioners Who Employ More Than 25 Employees)
            Filing Fee – Regular (Online) $1,960 (For Petitioners Who Employ Less Than 25 Employees)
            $3,330 (For Petitioners Who Employ More Than 25 Employees)
            Filing Fee – Premium (Online) $4,765 (For Petitioners Who Employ Less Than 25 Employees)
            $5,835 (For Petitioners Who Employ More Than 25 Employees)

            What Greencard Pro Customers Are Saying

            Knowledgeable, fast, courteous, efficient are all words that describe the services I received from Greencard Pro. They were very helpful in all phases of the H-1B Green Card Process and they got it right the first time. I have tried other Visa services, but Greencard Pro is the best by far. Greencard Pro is the only way to go!”

             

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            Applying For The H1B Visa

            You cannot apply for an H1B visa as an individual. A U.S. employer has to sponsor your H1B visa. To sponsor you, the employer must:

               

                • File a Labor Condition Application (LCA) with the U.S. Department of Labor

                • File USCIS Form I-129, Petition for nonimmigrant worker with H supplement and supporting documentation and the approved LCA with the USCIS

              If you are overseas, you must take the H1B approval notice to the American Consulate to obtain the H1B visa. If you are already in the U.S., you can start working for your employer as soon as you receive the H1B approval notice.

              Note: If you are currently on H1B status, then you can start working for a new employer upon filing of the new petition.

              A. Filing The H1B LCA (Labor Condition Application)

              The Labor Condition Application or Attestation is filed on DOL Form ETA-9035 and is submitted through the DOL iCERT website

              1.The employer must attest to the Department of Labor that:

              a.The wage level offered to you (the H1B employee) is greater of the actual wage level paid to all other individuals similarly employed at the place of employment, or the prevailing wage for the occupation in the area of employment is based on the best information available

              b.The working conditions offered to you will not adversely affect other workers similarly employed. Working conditions commonly refer to matters “including hours, shifts, vacation periods, and fringe benefits”

              c.There is no strike or lockout in the occupational classification at the place of employment

              d.A notice has been provided to the bargaining representative if any, or posted a notice that a labor condition application has been filed. The notice must be posted in two or more conspicuous places for a ten-day period and shall contain certain information

              2.Your employer may file an H1B LCA electronically through the DOL iCERT website

              a.Mail
              An employer with physical disabilities that prevent them from filing electronically may submit written request to file the LCA by mail. Only upon approval of the written request can an employer use the mail.

              B. Filing The H1B Petition

              An H1B petition is filed on USCIS Form I-129, along with the Form I-129H supplement and the approved Labor Condition Application (LCA) Form ETA-9035 from the U.S. Department of Labor. Your H1B petition documents must include:

              1.Evidence that the proposed employment qualifies as a specialty occupation

              2.Evidence that you have the required degree by submitting either:

              a.A copy of your U.S. baccalaureate or higher which is required by the specialty occupation

              b.A copy of your foreign degree and evidence it is equivalent to a U.S. degree

              c.Evidence of experience and education, which is equivalent to the U.S. baccalaureate degree

              3.A copy of any required licenses or other official permission to practice the occupation in the state of intended employment

              4.A copy of any written contract between you and your employer, and a summary of the terms of the oral agreement under which you will be employed

              C. Premium Processing of Your H1B Petition

              You may have your H1B petition adjudicated within 15 calendar days by applying for H1B premium processing.

              For an additional fee of US $1,440, the USCIS guarantees a prompt decision on your H1B petition. You will receive either an approval notice, a request for further evidence, a notice of intent to deny the petition, or a notice of investigation for fraud or misrepresentation within 15 calendar days from the date you applied for H1B premium processing. If it fails to respond within 15 calendar days, it will refund the $1,440 fee and continue to process the petition under the expedited process.

              D. Applying For The H1B Visa At An American Consulate

              To apply for the H1B visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:

                 

                  1. DOS Form DS-160, Nonimmigrant Visa Application

                  1. A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page

                  1. A color photograph showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member

                  1. Your resume and education transcripts.

                  1. A copy of the H1B petition submitted to the USCIS.

                Duration of Stay

                Under current law, you can be in H1B status for a maximum period of six years at a time. After that time you must remain outside the U.S. for one year before another H1B petition can be approved. However, foreign nationals working on defense department projects may remain in H1B status for ten years.

                Note: You can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward lawful permanent resident status without affecting your H1B status.

                Spouse and Children

                Spouses and/or unmarried children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for H4 visas.

                GreenCardPro’s Guarantee

                We thoroughly review your circumstances, select appropriate visa and submit an accurate application to the necessary Government Agencies.

                What Greencard Pro Customers Are Saying

                Knowledgeable, fast, courteous, efficient are all words that describe the services I received from Greencard Pro. They were very helpful in all phases of the H-1B Green Card Process and they got it right the first time. I have tried other Visa services, but Greencard Pro is the best by far. Greencard Pro is the only way to go!”

                GET A FREE VISA ASSESSMENT

                Frequently Asked Questions

                1. What is H-1B work visa?
                2. What is ‘specialty occupation’ for the purposes of H-1B visa?
                3. How do I qualify for H-1B visa?
                4. What are the benefits of H-1B visas?
                5. What are the limitations of H-1B visas?
                6. What is the validity period of H-1B visa?
                7. Can I bring my dependents on H-1B visa?
                8. How do I apply for H-1B visa?
                9. How should an employer petition for H-1B visa?
                10. What is the processing time for H-1B visa?
                11. What do you mean by ‘H-1B dependent employer’?
                12. When should I file my H-1B petition if I am currently under optional practical training on F-1 visa?
                13. What is the difference between H-1B status and H-1B visa?
                14. I have been fired recently while on H-1B status. Can I remain legally in the U.S. by changing status to another nonimmigrant visa category?
                15. What is the new ‘displacement’ or ‘no lay-off’ attestation rule?
                16. What are the documents required to apply for H-1B visa outside the U.S.?
                17. What are the documents required to apply for H-1B status when already in the U.S.?
                18. What factors determine the prevailing wage for an H-1B beneficiary?
                19. What is the checklist for employers of H-1B applicants?
                20. What is the difference between my H-1B visa and H-1B Status?
                21. How do I get extension for my H-1B visa?
                22. What is the AC21 legislation on H-1B visa?
                23. What is premium processing of H-1B petition?
                24. What status will be assigned to H-1B workers who are laid-off?
                25. Can I transfer my H-1B visa to another company?
                26. I am still the employee of my company, but without pay, what is my status?
                27. Can I intend to immigrate permanently to the U.S. when on H-1B visa?
                28. Are there new exemptions to the H-1B cap?
                29. Are there any travel restrictions on H1B visas?
                30. Are there any travel restrictions on H1B visas?
                31. Are there any new filing exemptions?
                32. Who are eligible to use the H-1B ‘portability’ provisions?
                33. Are there any other limitations on the ‘portability’ provisions?
                34. How will employers who hire H-1B foreign nationals using the portability provisions comply with their I-9 requirements?

                 

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