H-1B Worker Visa
The H-1B visa is available to foreign nationals coming to the U.S. to perform work on a temporary basis in a "specialty occupation" which requires highly specialized knowledge acquired through a four-year college degree. To qualify for 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 non-immigrant 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 stipulates the wage level and working conditions that the employer guarantees for the foreign national for the period of their authorized stay. After it secures DOL certification of the LCA, the employer files H-1B petition with the USCIS on behalf of the foreign national. Upon USCIS approval of an H-1B petition, the foreign national may receive the visa from a U.S. Consulate. 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.
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.
H-1B employees and their derivative family members may be admitted in the U.S. for a period of 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 year period if 365 days or more have passed since the filing of the Labor Certification Application (LCA) or if the H-1B professional has an approved I-140 petition.
Evidentiary requirements 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 the employee's license or permit
At The Ahluwalia Firm, our emphasis is on:
- providing zealous representation before the USCIS
- providing careful review of your personal circumstances
- providing careful coordination of all correspondence with government agencies
- ensuring a service-delivery model that meets and exceeds your satisfaction
For additional information about our ability to help, prepare, and file all the necessary documents required to apply for the H-1B Professional Visa, contact us for reliable advice.