VISAS FOR PROFESSIONAL WORKERS-THE H-1B VISA CATEGORY.
The H-1b is a visa category issued to 'professional' workers. Typically a H-1b applicant will have at least a 4 year college degree, or equivalent professional experience, and will come to work in the field of their education or prior experience. At the moment annual numerical caps are restricting the use of this visa.
We have successfully obtained numerous H-1b visas for our clients over the years. Unfortunately due to the annual quotas H-1b visas are no longer available as in previous years.
FOR AN INITIAL FREE CONSULTATION CALL:
Tel: In the US (760) 231-6498 ; In the UK call 0207-101-9399
1. What is a H-1b?
2. Who is eligible? what is a ‘professional’?
3.Is an employer required?
4. What does your employer have to certify?
5. What is the application process?
6. What is the H-1b numerical/annual Cap?
7. How long does the H-1b last?
8. For E-3 information for Australians click here
An H1B visa is a work permit issued by a US Consulate/Embassy to a professional “alien”/foreign worker enabling him/her to work in the US temporarily. There are other options available for those who wish to work in the United States temporarily, like getting an intra-company transfer visa (L1), or a business visa (B1), or even a green card. The H1B work permit visa is the most common one
The H1B work permit is issued to “professionals” who are working in a “professional capacity.” “Professional” means that the worker must have at least a bachelor’s degree or the equivalent in work experience. “Working in professional capacity” means that the person is coming to work in the US not to pursue a hobby or a past-time or for giving free advice or humanitarian service but to earn money/livelihood.
Common examples of professionals working in a professional capacity include engineers, teachers, lawyers, accountants, nurses, computer professionals, market research analysts, business analysts, economists, IT professionals such as programmers, systems analysts, database administrators; health care professionals, such as physical therapists and laboratory technicians, and variety of other types of professionals
NOTE: For every year of formal education lacking, three years of professional experience can be substituted.
The H1B visa is tied to the employer. This means that you must have a sponsoring employer in order to apply.
The employer has to certify that you will hired to fill a professional position. The employer will also have to certify that he will be paying you the ‘prevailing wage’ for the position. The prevailing wage must be determined from an objective wage survey of similarly employed professionals in the same geographic area as the one where you will be employed.
A Labor Condition Attestation must also be filed with and approved by the Regional Department of Labor (DOL) office. This application assures the DOL that the company would provide you with a fair salary and equal benefits as a US citizen.
NOTE: The Employer does NOT have to certify that he is unable to find similarly qualified US workers for the job offered. (To be contrasted with the Labor Certification process)
A H-1b application is filed thru a USCIS service center in the US. At the moment the filing for and the availability of these visas is subject to visas being available given the annual limit or cap on H-1b visas.
The number of H-1b’s available per fiscal year has been capped at 65,000 for those holding a regular bachelor degree and a further 20,000 for those who have an advanced degree form a US university.
The USCIS accepts applications for each fiscal year on or around April 1st for an October 1st start date in the same year. Because H-1bs are greatly oversubscribed, the application process has become something of a lottery.
Certain applicants are ‘cap exempt, notably applicants hired by Universities and non profit research institutions. Bear in mind that an applicant is only counted once against the cap and thus once they have a H-1b they can transfer it to another employer and typically not need to worry about the Cap.
The visa can last up to 6 years and can be extended beyond that time in the event that the applicant has a pending Green card application and which was filed before the expiration of the 5th year.
FOR AN INITIAL FREE CONSULTATION CALL: Tel: (800) 568 7601, (760) 231-6498 In the UK call 0207-101-9399 email: firstname.lastname@example.org