WHAT IS AN H-1B VISA?
- An H-1B visa is a non-immigrant temporary professional worker visa.
WHAT ARE THE REQUIREMENTS TO BE ELIGIBLE TO QUALIFY FOR AN H-1B VISA?
- A U.S. company can apply for an H-1B visa for an alien worker if (1) the position to be filled is a "specialty occupation" that is professional in nature, (i.e. it requires a four year college degree at a minimum to perform the job) and (2) the alien worker has a four year college degree or equivalent work experience; and (3) the U.S. company is paying the "prevailing wage" for that position.
WHAT ARE SOME EXAMPLES OF TYPES OF JOBS THAT H-1B VISAS CAN BE OBTAINED FOR?
- Systems Analyst, Computer Programmer, Market Research Analyst, Administrative Analyst, Personnel Specialist, Scientist, Engineers, Accountants, Psychologists, Management Consultants, College Professors and Teachers.
HOW LONG CAN H-1B VISAS BE OBTAINED FOR?
- Initially, they can be obtained for up to three (3) years. Thereafter, they can be renewed up to a maximum period of six (6) years. (In certain circumstances, a 7th year can be obtained).
DOES THE U.S. COMPANY HAVE TO SHOW THAT THERE ARE NO QUALIFIED AMERICAN WORKERS WHO COULD FILL THAT POSITION?
- No. There is no "alien labor certification" requirement necessary to obtain an H-1B visa, as there is with the H-2B non-professional temporary worker visa.
HOW LONG DOES IT TAKE TO OBTAIN AN H-1B VISA?
- Normally, between sixty (60) to ninety (90) days. However, if the Employer is willing to pay an extra $1,000 for "Premium Processing" to Immigration, it can be obtained within fifteen (15) business days.
WHY DOES IT TAKE SO LONG TO OBTAIN AN H-1B VISA?
- Because there are numerous tasks that the attorney needs to perform, including obtaining the alien worker's educational and work experience documents; having them translated into English; having them evaluated by a Credentials Evaluation Service in order to obtain an equivalency of a degree from a U.S. university; selecting the appropriate job description; obtaining the prevailing wage; obtaining an approval or the Labor Condition Attestation, "LCA" from the U.S. Department of Labor and finally approval from Immigration. Also, there can be lengthy processing delays by the U.S. Department of Labor and Immigration.
ARE THERE ANY LIMITATIONS ON THE AMOUNT OF H-1B VISAS THAT MAY BE ISSUED EACH YEAR?
- Yes. Immigration policy is a highly controversial and emotional political issue. Therefore, Congress placed a limit of 65,000 H-1B visas per year. A few years ago, it became apparent that this number was totally inadequate, so the law was changed to temporarily allow an increase of up to 115,000 H-1B visas for a temporary three (3) year period.
HOW MUCH ARE THE IMMIGRATION FILING FEES FOR AN H-1B VISA?
- $1,130. The basic $130 filing fee and a special $1,000 fee that was imposed by Congress five years ago to pay for a special training fund for scholarships for U.S. students in math and science and to retrain U.S. workers in computers.
CAN VISAS BE OBTAINED FOR THE SPOUSE AND CHILDREN OF THE ALIEN WORKER TOO?
- Yes, an H-4 visa can be obtained for the spouse of the alien worker and for all of his children who are under 21 years of age.
IF THE ALIEN WORKER IS ALREADY IN THE U.S., DOES HE HAVE TO LEAVE THE COUNTRY TO OBTAIN AN H-1B VISA?
- Not necessarily. Under certain circumstances he can "change his status" without having to leave the country.
CAN AN ALIEN WORKER APPLY FOR AN H-1B VISA FOR HIMSELF?
- No, he needs a U.S. employer to apply for the H-1B visa on his behalf.
TO ACCESS MORE FREQUENTLY ASKED QUESTIONS, CLICK HERE (pdf file)
TO FILL OUT A H1-B VISA QUESTIONNAIRE, CLICK HERE (pdf file)
TO FILL OUT A H4 VISA QUESTIONNAIRE, CLICK HERE (pdf file)
TO FILL OUT A LABOR CERTIFICATION QUESTIONNAIRE, CLICK HERE (pdf file)
**DISCLAIMER**
The above contains only general information and does not constitute legal advice. An attorney should be consulted regarding your specific situation.
*If you wish to apply for a H1-B visa, feel free to fill out the following questionnaire and submit to the Law Offices of Eli M. Kantor either by e-mail, fax or regular mail. All contact information is contained at the end of the questionnaire.
