Temporary Workers - H-1B Visa for Professionals

This category includes academic students in colleges, universities, seminaries, conservatories, academic high schools, other academic institutions, and in language training, or students in non-academic or vocational studies

H-1B Visa for Professionals

The H-1B visa is for professionals working in specialty occupations. If you have a college education and a sponsor/employer in the United States, you may qualify for this visa. This visa is issued for a maximum initial period of three years, and can be extended for another 3 years. There are a limited number of these visas per year, and therefore, if you have a sponsor, you should get started right away.

Overview of the H-1B Visa:

  • H-1B Specialty Occupations.  A specialty occupation is one which requires the theoretical and practical application of highly
        specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor's degree or higher
        in a specific specialty as a minimum for entry into the occupation in the United States.
  • Labor Condition Application.  The first step to hiring most H-1B workers is to file a labor condition application (LCA) with the
        Department of Labor. Once the LCA has been approved it must be filed with the I-129 petition to the Bureau of Citizenship
        and Immigration Services (BCIS).
  • Prevailing Wage.  On the H-1B1 petition and LCA the employer must offer to pay the alien the actual wage or the prevailing
        wage level for the occupational classification in the area of intended employment, whichever is greater, based on the best
        information available.
  • Specific to petitioning employer.  Work authorization for foreign specialty workers is employer-specific. Authorization is limited
        to employment with the approved employer/petitioner. A change of employer requires a new H-1B visa petition. Likewise, a
        substantial change in the work performed will require a new I-129 petition. New, subsequent employment (any employment
        other than the originally approved employment) can begin as soon as the petition for change of employment (Form I-129) is
        received by the BCIS.
  • Fees.  Employers are required to pay a $1000 assessment fee directly to the BCIS as part of the petition process. The purpose of
        the fee is to train American workers to do the jobs held by foreign employees.
  • Additional responsibilities of Employer in the event of early termination.  The employer is responsible for the reasonable
        costs of return transportation for an H-1B employee terminated prior to the end of the approved period of employment, if the
        employee requests it.
  • Notes:

    H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the U.S.

    Dependents (spouses and unmarried children under 21 years of age) of H-1B visa workers are entitled to H-4 status with the same restrictions as the principal.

    Dependents may not be employed under the H-4 classification.

    Children can go to school in the H-4 status without any problem.

    There are multitudinous immigration laws, federal statutes and regulations involved in applications for non-immigrant and immigrant visas. The legal process is complex and could result in the denial of a your visa if the application is not properly prepared. If the application is put together correctly and professionally by a qualified immigration attorney, the probability of achieving a successful result is greatly increased.

    The Bócsi Law Firm can precisely and professionally prepare all of the necessary applications for you, providing you with security that the entire process goes smoothly, and relieving you of the stress and worry that often accompanies immigration legal procedures.

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