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H-1B Visa
Perhaps the most common type of nonimmigrant work visa in the United States in the H-1B visa. This visa allows the temporary employment of foreign nationals in professional occupations. The requirements for an H-1B visa are: 1) the job qualifies as a "specialty occupation", which is defined as an occupation for which the attainment of a bachelor's degree or higher degree, or equivalent experience, is normally the minimum entry requirement for the position; and 2) the foreign national possesses the equivalent to a U.S. bachelor's degree in an area related to the job offer.
Our office can begin to work on the case once an offer of employment has been made from a U.S. employer. Before filing the actual H-1B application with the U.S. Immigration and Naturalization Service, the U.S. employer must first file a labor condition attestation (LCA) with the Department of Labor which confirms the salary and working conditions of employment. The salary offered by the employer must meet the "prevailing wage" as determined by State Employment Service Agency (SESA). This is to prevent U.S. employers from paying foreign workers below U.S. wages.
Once the LCA is approved, we then file the visa petition with the INS. Processing times vary from 3 to 6 months, depending on the region in which the application is filed. For a $1,000 premium processing fee, the INS will respond to the application within 15 days. The initial H-1B visa is valid for a period of up to three years, with extensions available as required for an additional three years. Extensions beyond the maximum stay of six years are only allowed if the foreign national has a permanent residence application (through employment) pending that has exceeded certain time restrictions.
H-1B work status is specific to the employer who filed the initial application. In order for a H-1B worker to change jobs, the new employer must file a new H-1B application. Recent changes in immigration law allow the employee to begin to work for the new employer upon filing of a non-frivolous application with INS. Termination of employment with the sponsoring employer terminates the H-1B. The employer is responsible to provide return transportation to the home country of an H-1B employee upon termination of employment.
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