The laws regarding the H1B classification are in constant flux and applicants seriously considering this category as a means of working in the U.S. on a temporary basis should stay informed and updated as much as possible. Because an applicant's circumstances and the circumstances of his or her dependent family members may require special attention, the following information is not tailored to any one individual but provides general information about this category.
The H1B specialty worker category applies to foreign workers coming to the U.S. temporarily to perform services in a specialty occupation, which includes a variety of fields ranging from architecture and engineering to health and medicine. The current annual cap on H1B admissions is 65,000 workers.
The H1B specialty worker category applies to a foreign worker coming temporarily to perform services in a specialty occupation, which requires the theoretical and practical application of highly specialized knowledge requiring completion of a specific course of higher education. Generally, in order to qualify for H1B classification, the applicant must have at least a U.S. bachelor's degree or its equivalent AND the job sought must require at least a bachelor's degree or its equivalent. Since H1B is not s self-petitioning category, the applicant must have a sponsoring employer in the U.S.
Spouse and unmarried children under 21 years of age of H1B workers are entitled accompany to join the H1B worker as H-4 dependents. However, dependents cannot work under H-4 classification. H-4 dependents can attend schools in the U.S. without obtaining a student visa.Steps
Because the H1B classification requires a U.S. sponsor, the applicant must seek a U.S. employer who is willing to hire the applicant temporarily, pay the applicant the prevailing wage for the proffered position and file the petition and supporting documents with the United States Citizenship and Immigration Services (USCIS).
The petition process begins with the sponsoring employer filing a Labor Condition Application (LCA) with the Department of Labor. Upon obtaining an approved LCA, the employer files the petition with the USCIS. The petition must be filed with documentation that shows the job is a professional or specialty occupation and that the foreign worker is qualified for the position.
The sponsoring employer must file Form I-129 and the required supplement forms with the USCIS service center having jurisdiction over the place of intended employment.
After approval, USCIS will send Form I-797 (Notice of Action) to the employer or attorney of record. If the foreign worker is outside the United States, the employer then notifies the foreign worker of the petition approval and sends all the required documents to the applicant who can then apply for his/her H1B visa at an appropriate U.S. consulate in his/her home country.Period of stay
The initial approval of an H1B classification may be up to three years, renewable for another three years. The maximum period of stay is six years. Under certain circumstances (when the alien has already started the process for obtaining the permanent residence status in the U.S.), the H-1B worker may extend his/her status beyond the six-year limitation.Basic documents required for H1B Classification Petition
The U.S. employer must file the petition with:
The foreign national must submit evidence that he/she has the required degree by submitting either:
|$320.00||Base filing fee:|
|$1,500.00||Employer fee, unless exempt under Part B of the H1B Data Collection and Filing Fee Exemption Supplement of the form I-129. A U.S. employer with a total of 25 or less full-time equivalent employees in the United States (including any affiliate or subsidiary of the employer) is only obligated to pay the $750 fee.|
|$500.00||Fraud prevention and detection fee.Effective March 8, 2005.|
|$1,000,00||Premium Processing/fast track processing fee to guarantee that your case will be adjudicated by the USCIS within 15 days, or the fee will be refunded.|
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