| H Nonimmigrant Visas |
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| H-1B Professional Visa |
H-1B visa is available to foreign nationals coming to the U.S. to perform temporary basis work in a “specialty occupation” which requires highly specialized knowledge acquired through a four-year college degree. To qualify under this visa, a foreign national needs at least a bachelor’s degree, or its equivalent, or progressive experience that is equivalent to a bachelor’s degree in the U.S. Unlike many other nonimmigrant visa categories, H-1B is a dual intent visa, which means that a visa will not be denied because the foreign national has intentions of becoming a Lawful Permanent Resident in the U.S.
The H-1B visa petition is a two-step process that requires the employer to file a Labor Condition Application (LCA) with the Department of Labor (DOL) and upon approval of the LCA, prepare and file an H-1B petition with the USCIS.
The LCA stipulate the wage level and working conditions that the employer guarantees for foreign national for the period of his or her authorized stay. After it secures DOL certification of the LCA, the employer petition for the foreign national and subsequent to approval of an H-1B petition, foreign national may receive the visa from the Department of State upon USCIS approval. Note that the approval of an H-1B petition does not equate to admission of the foreign national to the U.S. in H-1B status. The Department of State plays a vital role in the H1-B admission process. |
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| Family Members: |
| An H-1B holder’s spouse and unmarried children, who are under twenty-one (21) years of age, are eligible for the H-4 visa. However, they are not authorized to work in the U.S. |
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| Validity Period: |
| H-1B employees and their derivative family members may be admitted in the U.S. for a period up to six years. Initial admissions may be for a maximum of three years, with an extension of up to three additional years. Certain H-1B employees can stay beyond the six years period in one-year extensions if 365 days or more have passed since the filing of labor certification application or 365 days or more have passed since the filing of an employment based immigrant petition. |
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| Necessary Documentation Required for the H-1B Professional Visa: |
- Copy of the certified Labor Condition Application.
- Evidence of employer’s ability of to pay wages.
- Employment agreement between the employer and the employee.
- Evidence that the job will be in a specialty occupation.
- Evidence that the employee has the requisite college degree and is equivalent to a four year college degree in the U.S.
- If the job requires a license or other permit to practice in the U.S. , a copy of employee’s license or permit.
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| For additional information about our ability to help, prepare, and file all the necessary documents required to apply for H-1B Professional Visa, contact us for reliable advice. |
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| H-3 Training Visa |
The H-3 visa is available to a limited group of foreign nationals: those who have a job in their home country, but have been invited to participate in a training program (other than graduate medical education or training) in the U.S. The training may be offered by a business entity, academic, or vocational institute. However, the training must be unavailable in the foreign national’s home country.
USCIS regulations recognize some specific types of trainees as potentially H-3 eligible. These include medical externs or residents who are attending a medical school abroad, if the student will engage in employment as an intern during his or her medical school vacation; and licensed nurses who need a brief period of training that is unavailable in their native country. The H-3 nonimmigrant visa category also includes foreign nationals who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. |
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| Family Members: |
| An H-3 trainee’s spouse and unmarried children, who are under twenty-one (21) years of age, are eligible for the H-4 visa. However, they are not authorized to work in the U.S. |
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| Validity Period: |
| The H-3 visa is generally issued for a period up to two years. A visa to a participate in a special education exchange visitor program may be granted for a period up to eighteen (18) months. Extension of time can only be obtained upon demonstration to the satisfaction of USCIS that the training has not yet completed. |
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| Necessary Documentation Required for the H-3 Visa: |
- Detailed written description of the training program from the employer stating the type and structure of training, the number of classroom hours per week, on-the-job training, productive employment and career abroad for which training will prepare the foreign nationals.
- An additional explanation of why the training is required, whether similar training is available in the foreign nationals 's country, how the training will benefit his or her career in their home country, what benefits the employer will derive from the training, and why the employer will incur the cost of providing the training.
- Detailed written description of foreign national’s prior relevant training and experience.
- Evidence showing foreign national’s ties and relationship with family members staying back home or any other evidence that shows intent to return to home country.
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| For additional information about our ability to help, prepare, and file all the necessary documents required to apply for H-3 Training Visa, contact us for reliable advice. |
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| At The Ahluwalia Firm, our emphasis is on : |
- providing zealous representation before the USCIS
- delivering value for money, ensuring seamless processing of your visa petition/application
- providing careful review of your personal circumstances
- providing dependable advice and assistance on how to present yourself at the interview.
- ensuring a service-delivery model that meets and exceeds your satisfactions.
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| Source: www.uscis.gov |
