Employment of Professionals and the H-1B Visa (USA Work Visa)

H-1B Definition:

A USA work visa for employment of professionals (and fashion models) on a full or part-time basis with a US company. This is known as the H1B visa (also written H-1b visa) or Specialty Occupation visa.

To Qualify for the H-1B Visa:

The applicant of the H1B visa must be sponsored by a US business for a position which is nationally recognized as requiring a bachelor's degree to qualify. The degree can be earned in any country.

To find out whether a position is recognized as professional (requiring a Bachelor’s degree) you can consult the U.S. Department of Labor’s Occupational Outlook Handbook or the Dictionary of Occupational Titles.

Special Note: If you do not have a bachelor's degree, the "3 for 1 rule" may allow you to substitute three years of relevant professional experience for each year that you lack toward a degree.

If you were not educated in the United States, you must have your diplomas and transcripts analyzed by an education evaluation company. I recommend Global Education Group for their good service and prices. However, clients are free to choose any education evaluation company that they wish. These services issue a report that informs the U.S. Bureau of Citizenship and Immigration Services of the equivalency of your foreign education in U.S. terms.

The employer must agree to pay you the higher of the actual wage or the prevailing wage. The actual wage is what the employer pays or has paid another employee with the same position. The prevailing wage is determined by a survey conducted by each state’s Department of Labor. It reflects what an employee should be paid given the location of the job and its duties. The attorney obtains the prevailing wage on behalf of the client.

H-1B Visa Length:

The H1B visa is valid for up to three years and can be renewed for another three years, but a total stay of only six years in this status is permitted. This visa is specific to the petitioning employer and the employee must re-apply for the visa if changing jobs.

Items Needed for an H-1B Visa:

The following list contains items that are recommended and generally included in this type of application. Not all items may apply to your particular situation. In addition, you may have items and materials that would support your application that are not listed here. You should consult with the attorney to be certain:

1. Copies of University Transcripts and Diplomas
2. Education Evaluation Report (see discussion above)
3. Employee’s Resume
4. Letters of Reference from Prior Employers (if available)
5. Copies of any prior H1B approval notices
6. Passport and proof of entry (if present in the U.S.)

Procedure to Obtain an H-1B Visa:

If the applicant is lawfully present in the United States, he or she may be able to apply for a change to H1B status at one of four regional Service Centers of the Bureau of Citizenship and Immigration Services. The location, of course, will depend upon the location of the U.S. employer. This process is handled entirely by mail and no appearance by the applicant is necessary. If the applicant is outside of the U.S., the application is still processed at a Service Center. When it is approved, though, notification is sent to the U.S. Consulate in the country of the applicant’s residence. There, the process is relatively straightforward to obtain the visa to enter the U.S. in H1B status.

H-1B Advantages:

The H1B is a non-immigrant visa. This means that it has a definite duration and the applicant must either leave the U.S. upon conclusion or change to another appropriate visa status. It is different from other non-immigrant visas because it will allow you to maintain a dual intent (meaning that while you wish to enter the U.S. to work on a temporary basis, you would nevertheless like to remain in the U.S. permanently). While you are in H1B status, you may decide that you would like to live in the U.S. on a permanent basis. In order to obtain lawful permanent residence through your job, you must proceed through the Labor Certification process explained further in this web site.

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