The laws
regarding the H-1B visa are in constant
flux and applicants seriously
considering this category as a means of
working in the US on a temporary basis
should stay informed and updated as much
as possible. Because an applicants
circumstances and the circumstances of
his dependent family members may require
special attention, the following
information is not tailored to any one
individual but provides general
information about this category.
The H-1B visa allows foreign workers to
enter the US and work in a variety of
fields ranging from architecture and
engineering to health and medicine. The
H-1B visa offers a wide range of
employment possibilities and is a
logical first step toward permanent
immigration.
In order to qualify for H-1B
classification, the applicant must have
at least a US bachelors degree or its
equivalent AND the job sought must
require at least a bachelors degree or
its equivalent. Because this is not a
self-petitioning category, the applicant
must have a sponsoring employer in the
US.
The spouse and unmarried children below
the age of 21 are allowed to accompany
or join the H-1B worker as H-4
dependents. However, they cannot work
unless they qualify for a work visa. H-4
dependents can enroll and attend schools
in the US without obtaining a student
visa.
Steps
Because the H-1B visa requires a US
sponsor, the applicant must seek a US
employer who is willing to hire the
applicant temporarily, pay the applicant
the prevailing wage for the offered
position and file the petition and
supporting documents with Immigration.
The petition process begins with the
sponsoring employer filing a Labor
Condition Application (LCA) with the
Department of Labor. Upon obtaining an
approved LCA the employer files the
petition with Immigration. The petition
must be filed with documentation that
shows the job is a professional or
specialty occupation and that the H-1B
applicant is qualified for the position.
The sponsoring employer must file Form
I-129 (Petition for Non-immigrant
worker) and H supplement with the
Immigration office having jurisdiction
over the place of employment. The filing
fee for an H-1B petition is $1,110. All
employers must complete and file Form
I-129W with the Form I-129 petition.
If either the employer or the applicant
wishes to expedite the H-1B petition so
an initial determination is made within
15 days of the filing, it may request
premium processing for an additional fee
of $1,000. The request is made by
completing Form I-907.
After approval, Immigration will send
Form I-797 (Notice of Action) to the
employer. The employer then notifies the
applicant and sends all the required
documents to the applicant who can then
apply for his H-1B visa at the US
consulate in his home country.
Documents
Both the applicant and the employer are
required to submit documents for the
H-1B visa.
The applicant is required to submit the
following documents when applying for an
H-1B visa abroad:
- A completed visa application (Form OF 156) with one recent photograph,
1 inches square (37mm x 37mm),
of each applicant, with the entire
face visible. The picture should be
taken before a light background and
without head covering.
- A passport valid for travel to
the United States for at least six
months longer than your intended
visit.
- Form I-797 (Notice of Action)
- Copy of the approved Labor
Condition Application (LCA)
- Copy of the filed and approved
I-129H petition and supporting
documentation which
should include:
- the applicants academic record,
- education evaluation
verifying that the applicants
foreign academic record is
equivalent to a US bachelors
degree,
- resume,
- recommendation letters from
previous employers (if
required),
- proof of any membership in
relevant trade or professional
organizations, and
- a letter from your employer
detailing the job and its
requirements.
- Current or updated letter from
the employer confirming its
intention to hire the applicant
according
the terms and conditions on its
approved petition.
- Employers most recent financial
records or tax returns.
It is the employers responsibility to
send the items listed in numbers 3
through 7 above to the applicant.
Visa fees associated with obtaining the
H-1B visa vary from country to country.
