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Immigration > Business > Temporary Professionals (H1-B) Overview | Eligibility | Features | Application Procedure | Application Forms | Questionnaire | Check List An H-1B Visa may be issued to an alien who is coming temporarily to the United States to perform services in a Specialty Occupation as defined in the Immigration and Nationality Act. H-1B Visa program is the primary method for bringing in Professional level Foreign Employees to the USA to work in Specialty Occupations for up to a total of six years. Qualifying occupation categories are jobs in the fields of Computer Science, Health Care, University Teaching, Engineering, Law, Accounting, Financial Analysis, Management Consulting, Architecture and Scientific Research positions. H-1B visa enables US employers to hire foreign professionals for a specified period of time by filing an I-129 petition. The applicant for an H-1B visa must first receive an offer of employment from a US company, which company must file a visa petition on his or her behalf. The number of H-1B visas issued each year is subject to a cap that is determined by Congress. The cap for fiscal year 2003 is 195,000.
Eligibility Employer need not demonstrate that there is a shortage of qualified US workers and hence a labor certification process can be avoided. The employer needs to document that the position offered is in a specialty occupation, that the employee has the appropriate credentials for the job and is being paid the prevailing wage, and that employment of a foreign worker is not harming conditions for US workers. After being admitted to the United States in H-1B status, the alien may begin employment with the petitioning company in the job specified on the petition. The alien may not change employers or significantly change his or her job duties within the company, without first filing a new petition. H-1B employee may begin working for the new employer upon the filing of the transfer H-1B petition with the INS. Moreover the employee may be employed on a part-time basis and may work for more than one U.S. Employer simultaneously. H-1B is a "dual intent" visa. This means that a visa will not be denied simply because a person has intentions to become a permanent resident. During the term of the H-1B visa the employee can apply for permanent residency. Upon obtaining an H-1B visa, the spouse and children of the principal alien are entitled to H-4 status. H-4 aliens may not be employed in the United States, and their status is valid only as long as the principal alien has a valid status. H-1B and H-4 visas are issued for an initial period of three years, and the Immigration Service may grant an extension of three years. Further extension may be granted for one-year provided the alien has filed an I-140 immigration application or an I-485 adjustment of status application and one year or more has passed since the filing of labor certification or the I-140. This enables H-1B workers who have reached the six year maximum to stay and continue working in the U.S. while waiting for their green cards. H-1B applicants who will be employed at nonprofit research, university, or government institutions will not be counted toward the H-1B cap. H1B applications can be filed using the 'Regular Service' or the 'Premium Processing Service'. Premium Processing Service allows American businesses to obtain faster processing of a petition to meet their needs for a foreign worker. The petition will be processed within 15 days after the Form I-907 is delivered to the BCIS or the Premium Processing fee will be refunded and the case will continue to receive expeditious service. The additional fee for this service is $1000 and it must be submitted in a separate check or money order. For regular processing, petitions should be filed at least 45 days before the employment will begin to ensure that the petition processing and subsequent visa issuance is complete on time. The applicant for an H-1B visa must first receive an offer of employment from a US company. The employer must file a Labor Condition Application (LCA) with the US Department of Labor. The employer must attest in the LCA that it is offering to the H-1B employee the prevailing wage , that employment of a foreign worker is not harming conditions for US workers, that there is no strike, lockout, or work stoppage due to a labor dispute, that the employees were given notice of the filing of the LCA, that no US worker was displaced within the period beginning 90 days before and ending 90 after the filing of the H-1B petition, that the employer has taken adequate steps to recruit for the position in the United States and has offered the job to any US worker who applies and is equally or better qualified than the H-1B worker, and that the employer will provide a copy of the LCA to the H-1B worker. The employer must affirm that if the H-1B alien is dismissed before the end of the period of authorized stay, the employer will be liable for the costs of return transportation of the alien abroad to his or her country. The US employer must pay a $1000.00 fee that will be used to fund training programs to help eliminate US employers' reliance on foreign workers. Educational Institutions and nonprofit research institutions are not required to pay the fee. When the LCA is approved, the Department of Labor (DOL) will return a certified copy (Notice of Approval - Form I-797) to the employer or agent. Now your employer will file your H-1B petition with appropriate BCIS Service office: The filing includes Fee, Form I-129, Education & Experience documents, Training Certificates, Professional Memberships, Resume, Employment Agreement and Letter of Support. Employment Letter should specify the position held, the exact duties of the position, exact dates of employment and Information regarding the supervisors and co-workers. The employer receives a receipt by the BCIS Service Centre which bears a 9 digit reference number. Once the petition is approved, an approval notice (Form I-797) is issued to the petitioner. The Form I-797 shows dates of validity for the foreign worker to work in H-1B status for the petitioner. Approved petition is forwarded to an American consulate abroad, where the alien will apply for his or her H-1B visa. Once the passports are returned with valid H1B visa stamp, the Consultant and his/her family may enter the U.S. in 'H' status. H-1B visa may be reissued or a change of status may be granted without the need to travel outside of the country. If an H-1B petition is denied, the prospective employer may appeal the decision to the Administrative Appeals Office. Required Documentation for H1B Visa
Required Documentation for H-4 Visa
AR-11: Change of Address Form |