THE H-1B visa enables foreign professionals from all over the world to live and work in the United States (“U.S.”). It is a particularly great option for international students whose academic program or practical training is near-completion.
Through the H-1B visa program, U.S. employers can temporarily hire foreign professionals for specialty occupations in the U.S. A “specialty occupation” is defined as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” Essentially, a specialty occupation is one that requires higher level education and specialized skill or knowledge.
To qualify for an H-1B visa, the sponsoring employer must first file a Labor Condition Application and obtain certification from the Department of Labor. The sponsoring employer must then file a petition with the United States Citizenship and Immigration Services (USCIS), evidencing the following:
• The sponsoring employer and beneficiary will have an employer-employee relationship;
• Beneficiary’s job qualifies as a specialty occupation;
• Beneficiary is qualified for the specialty occupation based on his or her education and work experience;
• Beneficiary will be paid the prevailing or actual wage for the specialty occupation; and
• Employment of the beneficiary will not negatively affect the working conditions of similarly employed workers of the sponsoring employer.
The H-1B visa is initially valid for up to 3 years and can be renewed for a combined total of 6 years. Beneficiaries of approved H-1B petitions can bring their spouse and unmarried children under the age of 21 to the U.S. in H-4 status for the duration of the Beneficiary’s stay. Additionally, unlike most other nonimmigrant visas, the H-1B visa is a dual-intent visa, meaning that the H-1B beneficiary may file for a green card without potentially jeopardizing his or her visa status.
There is an annual limit of 65,000 visas for each fiscal year allocated to H-1B. 20,000 additional visas are available for professionals with masters or doctoral degrees from U.S. universities. Certain beneficiaries are exempted from this cap, including recipients of H-1B extensions and beneficiaries of employment offers from institutions of higher education, nonprofit research entities, or governmental research organizations.
Applying for an H-1B visa can be lengthy and frustrating without the help of experienced attorneys and staff. Our seasoned team can assist and guide you through the H-1B application process.
* * *
Eliot Krieger is a Partner at Sullivan, Krieger, Truong, Spagnola, and Klausner, LLP. He is a former Assistant United States Attorney with the United States Department of Justice. He has a Ph.D. from Johns Hopkins University and a J.D. from Harvard Law School.
Website: www.sullivankrieger.com
Contact us at any of our offices:
Long Beach + 1 (562) 597-7070
Irvine + 1 (949) 390-5270
Philippines + 63-2-788-5196
