THE H1B VISA REQUIREMENTS PAGE
Welcome to our H1b visa requirements section. Here we will try to explain to you what the H1B visa requirements are and H1B visa is all about and how it works. There are books and books written on the visa and the issues are endless. We have tried here to provide you the most important and useful H-1 visa information you need to know and can instantly use. If you have questions on the H1 visa, feel free to call us for a free consultation.
The H-1B Visa, also called the H-1 Visa, is for people to be employed in a Specialty Occupation, which is defined as an occupation that requires a 4-year US Bachelor’s degree or equivalent. In addition, the H-1B visa beneficiary (worker) must hold a US Bachelor’s degree or equivalent related to the field of employment. Potential employees must have their foreign education evaluated by an evaluation service that is able to provide evaluations from professors that have the authority to grant US college level credits. In addition, experience in the chosen field of specialty can be considered equivalent to college education. Every 3 years of industry experience equates to 1 year of college or university. Again, the experience must be evaluated from an institution that has the ability to grant US college or university level credits.
It also includes fashion models of distinguished merit and ability, as well as someone providing a service related to the DOD (Department of Defense) cooperative research and development or co-production project.
H1b Visa requirements: TEMPORARY INTENT AND DUAL INTENT OF THE H1
As with other visas, the H1b requirements mandate that you must be entering the United States temporarily and not for permanent work. However, the H1B visa is part of a group of visas that allow for ‘dual intent’. In other words, you can enter on a temporary basis with the visa and at the same time have the same employer or a different one apply for a Green Card on your behalf, which, when completed, would allow you to live in the US permanently. Unlike many other visas, the H1B visa does not require you to maintain a foreign residence.
The dual intent situation permitted under the H1B visa requirements is quite unique in that you must enter with the intent of working in the United States for a temporary period of time. However, that time period, which is a maximum of 6 years, can be extended if you filed a case for a Green Card/labor certification that has been pending for 365 days or more or if you have an approved I-140 petition for alien worker. So, in reality, many clients enter and don’t ever leave, as they apply for a Green Card. Moreover, many people enter as students under the F1 student visa and then during OPT or Optional Practical Training (a period during which you are allowed to work for a US employer) locate an H1B visa sponsoring employer, and then a Green Card employer willing to sponsor for the Green Card. A common question people ask is whether their H1B sponsoring company must also sponsor the Green Card and the answer is no; they can be two different companies and often are.
H1b Visa requirements : SELF PETITIONING H1 VISA
Although a person who owns a company cannot file a Green Card case on their own behalf, this is not the case with an h1b visa requirements. These are harder to win than a non-self-petitioning case, they are possible. However, there are technical rules with respect to these types of cases that must be considered. If you are a company owner, these are very complex rules, and it would be best to consult with us in order to analyze your particular situation. Call us at 877-223-4684.
H1b Visa requirements : H1 FILING FEES
There are 3 sets of filing fees the employer must pay for the H1B visa case: The I129 fee is $325. Additionally, there is the $750 ACWIA training fee if the company has no more than 25 employees or $1500 if more than 25. This fee is only paid once. Third, there is a fraud prevention and detection fee of $500. Fourth, if the employee is abroad, there are consulate fees, which are minor compared to these (but additional). The money orders are to be made out to the Department of Homeland Security. The fraud prevention fee has to be separate; the others can be combined. Certain educational institutions are exempt from the $1500 fee. Nonprofits must still pay the fee; spouses and children do not have to.
Additionally, if you want a rapid answer on the approval or denial, you can pay the $1,225 Premium Processing fee to the government and you will receive a response in 15 calendar days.
H1b Visa requirements: LABOR CONDITION ATTESTATION
When an LCA [Labor Condition Attestation] (see below) is prepared, it will inform us of the ‘Prevailing Wage’ for the county in which the worker will work. The person must be paid 100% of that wage determination. In other words, for an H1 visa case, the worker must be paid what others are paid for that type of work in the county in which they live. An employer cannot simply make up the wage the company wishes to pay.
LCAs are required of all applicants, including doctors, fashion models, and all other workers.
H1b Visa requirements : PART-TIME H1B VISA
A part-time H1 is a consideration, especially where the company is smaller in size. Often, employers are not prepared for the fees involved in an H1 visa case, let alone the wages. If the wages are much more than an employer is prepared for, an alternative is to simply hire the worker for less hours a week. A very handy feature of the H1 visa is that a person can work part-time. Something to be careful of here is that if the wages are too low, the case may not be approved as the worker may not make enough money to afford the cost of living in a particular city.
This is more of an issue where the position is one of low wages than of higher ones. In other words, if someone makes $15.00 an hour but only works 20 hours a week, it’s more of a challenge than a person who makes $90,000 a year but only works half-time, so he or she is stil earning $45,000 and can support themselves while living in the United States.
H1b Visa requirements :H1 ANNUAL CAP
As you many know by now, there is an annual cap of 65,000 visas, less the ones for Chile and Singapore. As a result, there are only 52,800 H1b visas. There are an additional 20,000 available for people who have a Master’s degree or higher from a U.S. institution of higher education. The good news is that anyone who received a visa in the past 6 years cannot be counted against this numerical h1 visa cap.
H1b Visa requirements: H1 VISA APPLICATION DEADLINE
The application deadline is, for all purposes, April 1st. This is for people who want to work as of October 1st of this year. If you haven’t followed the H1b visa trail lately, the application period begins on April 1st, but on that day two years ago they received so many applications that the quota was met in a day. This is where the term h-1 lottery arose. They had to choose a certain number of h-1 visa applications from the pool of available applicants.
If you are certain you want an H1 visa, then apply for it April 1st. There is no benefit in waiting. If you are not sure, then you can take your time, only you know how you feel about it and how important it is to you.
An employer is not able to file more than one petition for an h1 visa, even if one benficiary is for the 20,000 for people with a higher degree and one is in the category for people without that benefit. In other words, one H1B visa application per person.
The employer must be a U.S. employer but does not have to be the one paying the person’s salary.
H1b Visa requirements : H1 VISA PORTABILITY
The H1B offers portability. In other words, an H1B candidate may work for a different H1 employer. As long as the new employer and case are legitimate, filed before the expiration of stay previously authorized, and no illegal work has been conducted (ie without authorization). The person can work for the new employer as soon as the H1B application has been received by the USCIS (as it may take time for the case to be adjudicated). In order to port, or transfer your visa, you will have to file a completely new case for the new position.
Free Consultation: (877) 223-4684 From outside the US: (619) 677-5727 From Canada: (877) 223-4684. All numbers go to the same line. From Italy: 0689385848, and From England: 2033710984
If the applicant has a criminal record, a waiver may have to be filed: Click here for more info