Understanding H-1B Visas
The requirement for the H-1B petition is that the employer must seek the temporary services of a person whose work requires a bachelor’s degree or higher in a specific specialty occupation. Specialty occupations have been held to include such fields as computer science jobs, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law and many teaching positions.
Commonly Asked Questions About H-1B Visas
How long can one be in H-1B status?
The initial petition can be approved for up to three years. One can extend one’s status for an additional three years, for a total of six years. H-1B status can be obtained for full-time, part-time or concurrent employment.
What documents are needed to process an H-1B petition?
Our immigration law attorneys like to obtain the following documents to assist you in processing your H-1B application:
- Your passport and Form I-94, Arrival/Departure Record
- A copy of your diploma and transcripts
- An educational credentials evaluation if your diploma is a foreign degree
- Your resume
- A job description from the prospective employer
- Any company brochures about the employer
- Any salary documentation from the employer regarding how the salary was established
What is the first step when applying for an H-1B petition?
Initially, we like to schedule an appointment with either or both the employee and the employer. We review your educational background and work experience, the job description for the position, the salary information and your current immigration status. Before filing the H-1B petition (Form I-129) with USCIS, a Labor Condition Application must be approved.
What is a Labor Condition Application?
A Labor Condition Application (Form ETA-9035) is filed with the U.S. Department of Labor. The Labor Condition Application certifies that the H-1B worker will be paid the higher of two wage levels, the “prevailing wage” and the “actual wage,” that is determined by comparison to all other workers situated similarly with the employer. Other attestations by the employer are also made on the Labor Condition Application. Normally, the Labor Condition Application should be processed immediately. An approved Labor Condition Application is required to obtain an H-1B petition.
What else is necessary with respect to the Labor Condition Application?
We also assist the employer in determining the prevailing wage for the occupation. In some cases, we may obtain a commercially prepared survey to establish the prevailing wage for the particular occupation. We also assist the employer in making a memorandum addressing the prevailing wage determination. Additionally, we assist the employer in creating a memorandum for the effect on working conditions and advise the employer on the appropriate posting, and access to the public information file, which is required to be maintained by the employer.
What step is taken after the Labor Condition Application is approved by the US Department of Labor?
After we receive the Labor Condition Application approval from the U.S. Department of Labor, we will file it and the Form I-129 petition with the CIS regional processing center, which has jurisdiction over your place of employment. Most cases we handle are at the Nebraska Service Center. In some cases, to avoid delays, premium processing for an added fee may also be filed to obtain a decision within 15 days. In other cases, one may have portability where there is a change of employers.
Contact Us For Answers To Other Questions
We welcome the opportunity to answer all of your questions regarding immigration matters during a consultation. To schedule a meeting, call 612-424-2942 or toll free at 800-265-7441, or use our online contact form. Our attorneys are fluent in Spanish. Hablamos español.