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Let us help you with your H-1B visa application! Filing deadline is March 31, 2011. This year the application period begins on April 1, 2011. We can help you prepare your application and help you avoid delays in processing. We can also let you know which other visa(s) you may qualify for.
Contact us today for a free consultation!
The U.S. government issues a limited number
of employment-based non-immigrant work visas, called H-1B visas,
to college-educated professionals or workers with equivalent experience
who have a firm job offer with a U.S. company. If you are
interested in working in the U.S. but do not yet have a firm job
offer, we recommend you check out the Immigralaw.com careers
section for further resources.
The H-1B visa (work visa) process is a
three-step process:
(1) The applicant's employer (the petitioner)
must file an "employer attestation" form (also
known as a "labor condition application" or
LCA) with the US Department of Labor (DOL) offering proof that
the employer will be paying the "prevailing
wage" for that position.
(2) Once the employer attestation application
has been approved by the Department of Labor, the H-1B petitioner
must file a petition with the Immigration and Nationalization
Service (INS) including documentation of the candidate's qualifications.
(3) Once the petition is approved,
the H-1B visa application can be filed.
Quota for FY 2009: 65,000 (petitions accepted beginning April 1, 2009*)
Length of Visa: up to six years
Visa Extensions:
up to three years
(should apply for extension at least 45 days in advance of expiration
of visa)
Length of Application Process: six
weeks to five months
In order to qualify for an H-1B work visa
you must:
(1) show that you will be working
in a "specialty occupation" requiring the highly specialized
knowledge normally acquired through a college education
(2) possess a bachelor's degree
or work experience equivalent to a bachelor's degree (three years
of work equals one year of college) for the job you will be performing
in the U.S. For those with foreign degrees, an evaluation with
an academic credential evaluation service may be required.
(3) show that your employer will
be paying you the "prevailing wage"
for that type of job in that particular geographical area
Note: Accompanying
relatives of H-1B visa holders are
eligible for H-4 visas. They may stay in the U.S. but not work
there.
Items of interest to H-1B visa holders:
Changing Jobs: How the new law AC21
affects H-1B portability
President Clinton signs bill increasing
number of H-1B visas
Changes in corporate structure - do I need
to re-apply for an H-1B visa?
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Definitions: |
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Accompanying Relative:
The spouse or child under the age of 21 of the holder of an
immigrant or nonimmigrant visa, who is accompanying them to
the US
Prevailing Wage:
A wage that is no more than five percent below the "weighted
average" salary for a particular occupation. Information
on particular jobs can be obtained at the employer's regional
office of the Department of Labor. |
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