Non Immigration Visa

H-1B

What is an H-1B visa?

The H-1B visa is a nonimmigrant classification, often referred to as a work visa, for foreign professionals employed temporarily by U.S. companies in a specialty occupation. The Doctrine of Dual Intent applies to the H-1B visa, since the nonimmigrant visa does not bar its holder from adjusting to legal permanent resident status in the U.S.

Who qualifies for an H-1B visa?

The alien worker who qualifies for an H-1B visa is one who

a. Must be offered by an U.S. employer to work in a Specialty Occupation. On the list of specialty occupation positions are architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.;

b. Must have at least a baccalaureate degree or its equivalent either from U.S. or U.S. recognized foreign colleges;

c. The job offer must match his/her baccalaureate degree; and

d. That the proffered wage matches the prevailing wage.

What is the duration of an H-1B visa?

A total of six (6) years at a time. First petition approved for three (3) years, followed by an extension approved for another three (3) years. Afterward, an alien must remain outside the United States for one year before another H-1B petition can be approved. In certain cases aliens may extend their status beyond the 6-year period in

one-year increments if:

365 days or more have passed since the filing of any application for labor certification, that is required or used by the alien to obtain status as an EB immigrant, or

365 days or more have passed since the filing of an EB immigrant petition, i.e. I-140 petition.

three-year increments if:

I-140 EB immigrant petition is proved and the visa number is not current

What visas are available to the spouse and children of H-1B visa holders?

H-4 visas are issued to spouse and unmarried children under 21 years of age. H-4 visa holders are not authorized to seek employment.

Are there numerical limitation of H-1B visa each year?

The petitioner can file new H-1B petition until the annual cap or numerical limitation of 65,000 is reached. As a matter of fact, the cap is usually reached the very first day of the fiscal year. Petitions for positions starting on or after October 1, the beginning the next fiscal year, may be submitted up to 180 days ahead of the requested start date, beginning on April 1 the same year.

Exempt from the numerical limitation are those who file for extension of existing H-1B status, amendments, and transfers; who are sponsored by institutions of higher education, nonprofit research organizations, and government research organizations; and physicians serving underserved communities. In 2005, there is an addition of 20,000 visa numbers reserved specifically for those who have obtained U.S. master’s degrees.

What is H-1B1 visa?

Singapore and Chili

How much are the filing fees?

In addition to the base filing fee of $190, a petitioner should pay $1,500 in ACWIA (American Competitiveness Act and Workforce Improvement Act) fee if the petitioner has 25 or more employees, and $750 if there are less than 25 employees, and an additional $500 in Anti-Fraud fee.

You may choose Premium Processing/Fast Track processing of your H-1B application by paying extra $1,000 premium processing fee to USCIS to be guaranteed that your case will be adjudicated within15 days, or the fee will be refunded.

What are the advantages of an H-1B visa over other classifications?

Employers of H-1B aliens do not need to demonstrate that there is a shortage of qualified US workers and, consequently, thus bypassing an onerous labor certification process.

The burden of proof is less demanding as the employer need only verify that the H-1B worker is being paid the prevailing wage and that employment of a foreign worker is not harming conditions for US workers.