H-1B Visa for Professional Workers
by lirulaw

H-1B Visa for Professional Workers

H-1B visa is a work type visa. Holders of such a visa or status can woke in the U.S. without applying separately for employment authorization. This visa is issued to professionals having a Bachelor’s degree or its equivalent who come to the U.S. to work in specialty occupations.

 

Requirements and Process for H-1B Visa

There must be an established U.S. employer having a taxpayer identification number, who can offer a proper position to and pay the prevailing wages to the applicant.

  • The individual must have at least a Bachelor degree or its equivalent in the relevant field of the employer’s business. Bachelor equivalent is decided on number of years of work experience. Three years of work experience can be counted as one year college education.
  • In order to establish that employer will pay the prevailing wages and the employment of H-1B worker will be conducted with the Department of Labor’s requirement of working conditions, and will adversely affect the U.S. workers similarly employed, the Labor Condition Application (LCA) must be filed whit DOL prior to the petition to the Immigration and Naturalization Service (INS).
  • Once the LCA is approved by the DOL, the H-1B petition is filed with INS.? If the individual is in the U.S., s/he will request of change of status from other visa category (such as F-1, L-1, B-1/B-2) to H-1B, and receive the final approval in the U.S. If the H-1B individual is abroad, the INS will notify the Consulate in the foreign country where the individual resides of the approval. Then, the individual will apply the H-1B visa from the U.S. consulate abroad.
  • Dual Intent of H-1B Worker. As an H-1B temporary worker, s/he can have the immigrant intent at the time of application. Such intent should not be the ground of denial of his/her application.

 

H-1B Cap (Limit of Numbers)

The H-1B visa has an annual numerical limit “cap” of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.

Length of period of Stay in the U.S. The permitted total period of stay in the U.S. for H-1B visa is 6 years. The initial petition is usually granted for 3 years. Prior to the first expiration of the visa, the employer can apply for extension for another 3 years. After having stayed in the U.S. as an H-1B worker for 6 years, generally, the alien cannot request further extension without being abroad for one year. However, under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21), an alien may request extension of stay under the H-1B status if the required conditions are met.

Work for Multiple Employers. H-1B workers can work part-time for more than one employer, but each must file a H-1B petition.

Advertisement Recruitment. H-1B worker is different from Immigrant Visas/Green Card (Employment-Based), Third Preference (EB-3). No advertisement for recruitment is required during application. Click EB-Based Third Preference (EB-3) for more information about this “green-card” category.

 

Family Members (spouse/children)

Spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification. Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident status. Please visit Employment Authorization for Certain H-4 Dependent Spouses page to learn the requirements for work.