FAQ (H1B)
Q. What is premium processing?
The Premium Processing Service offered by U.S. immigration authorities offers American
employers faster processing of their petitions for H1-B visas and certain other
forms of immigration status. The U.S. employer pays a premium with a guarantee from
the U.S. immigration authorities that if the petition is not processed within 15
calendar days, the premium will be refunded.
Q. How long is it valid?
The initial petition for an H1-B visa is approved for a maximum of three years,
a period that begins when the foreign national arrives in the U.S. The visa may
be extended for an additional three years, for a total maximum of six years. The
person must leave the U.S. for one year following that six-year period but then
may re-enter the U.S. on a new H1-B visa.
Q. Who qualifies for an H1-B visa?
Foreign nationals are eligible for this nonimmigrant visa if they will come to the
U.S. in a specialty occupation or in some cases as a fashion model. A "specialty
occupation" requires specialized knowledge of a certain body of theoretical and
practical material. In specialty occupations, a baccalaureate degree is usually
considered a minimum requirement for entry. Specialty occupations include positions
in accounting, architecture, the arts, business, computers, education, engineering,
law, mathematics, medicine and health, physical sciences, social sciences, and theology.
Q. How can foreign nationals show that they qualify
for H1-B Visas?
Applicants must show that they have earned the equivalent of a U.S. bachelor's degree,
and they must have an offer of employment from a U.S. employer willing to act as
an H1-B sponsor.
Q. Who qualifies as a U.S. employer?
U.S. immigration law defines an employer as "a person or entity who engages the
services or labor of an employee to be performed in the United States for wages
or other remuneration."
Q. What are the obligations of a U.S. employer
sponsoring an H1-B foreign national?
The U.S. sponsor must make a written commitment in a Labor Condition Application
(LCA) to:
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Pay the H1-B employee the prevailing wage for the position being offered;
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Provide the same working conditions for H1-B employees as for other workers;
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If Dependent Employer, recruit and not displace U.S. workers by hiring foreign nationals
with H1-B visas; and
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Agree to abide by DOL regulations or be subject to payment of back wages, penalties,
and exclusion from immigration programs.
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Q. What is the process for applying for an H1-B
Visa?
The sponsoring U.S. employer submits an LCA with the U.S. Department of Labor (DOL)
confirming that the employee will be paid the prevailing wage for that position
and be offered certain working conditions, among other items. The DOL certifies
the LCA and returns it to the employer, who then files form I-129 with the Bureau
of Citizenship and Immigration Services, which is part of the Department of Homeland
Security.
Q. What documents are required?
Applying for an H1-B visa requires the following documents:
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The LCA, which is signed by the sponsoring employer;
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The H1-B petition itself (Form I-129 with H supplement), also signed by the employer;
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A letter from the sponsoring employer describing the nature of its business and
the duties of the position being offered; and
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Copies of the alien’s resume, diplomas, certificates relevant to the alien’s training,
and letters from previous employers indicating the time employed and the nature
of whatever duties were performed.
Q. What is the role of an immigration attorney
in applying for an H1-B visa?
The Law Offices of Keshab Raj Seadie, P.C. take the following steps to obtain H1-B
visas for their clients:
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Analyze the job being offered and the applicant’s education and work experience
to determine if the specialist/professional criteria are satisfied;s
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Gather documents and data to support the application;
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Evaluate and document the prevailing wage for the job being offered;
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Document the employer’s actual wage;
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Prepare the LCA for the employer;
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File the LCA with the Department of Labor;
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Obtain an evaluation of the employee’s college education, if it was obtained outside
the U.S., to show that it is equivalent to a U.S. degree;
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Prepare an H1-B petition and company-supporting letter, and send them to the employer
for review and signature; and
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File the LCA and H1-B petition with U.S. immigration authorities once the Department
of Labor approves the LCA.
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H1-B approvals are usually issued within two to three months from the date of filing
with U.S. immigration authorities.
The process differs somewhat for an employee who is overseas or who has a valid
H1-B visa from a previous employer.
Q. Is there an annual cap on H1-B Visas?
Yes, there is a limit on the number of H1-B visas that can be issued each fiscal
year, which begins in October. For that reason, applications should be submitted
as soon as the required documents are collected.