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H-1B
Visa - Temporary Worker
Introduction
The H-1B visa is a temporary employment visa allowing the
alien to work in the United States for a specified employer.
This visa is given to qualified individuals in a "Specialty
Occupation". It is usually given for a period of up to three
years at a time (maximum), and the alien cannot exceed six
years maximum on H-1B status.
Accordingly,
the H-1B visa allows employers to hire qualified foreign individuals,
including foreign students studying in the United States.
Similarly, foreign students studying in the United States
can adjust their status from F-1 to H-1B while in the United
States.
There
are three steps to receiving an H-1B visa. Firstly, the employer
must file a Labor Condition Application (LCA) with the Department
of Labor in the region the alien will work. The employer must
show that the salary the alien will be paid is not lower than
the prevailing wage for the occupation, thus ensuring that
American workers are not undermined.
Secondly,
upon approval of the LCA from the Department of Labor, a petition
is filed with the Immigration and Naturalization Service for
the approval of the H-1B petition. Once this is approved,
the alien is authorized for employment. Finally, the alien,
if outside the country, is interviewed at the Consulate and
if accepted, granted a visa. If the alien is in the United
States in a legal status (such as B1/B2, L1, L2, H-4 and F-1),
their status is adjusted within the United States.
Requirements
Employer
An American company must file a petition with the Immigration
and Naturalization Service to sponsor a foreign national
to work in a "specialty occupation". The petition is filed
by the employer, not the prospective employee. This petition
is made on Form I-129 and H-Supplement accompanied by the
certified LCA and supporting documentation.
Specialty
Occupation
In order to be eligible for H-1B status, the position has
to be one which requires specialized knowledge. This
is most often evidenced by the requirement that the individual
have the equivalent of an U.S. bachelor's degree in the
field of the occupation.
Accompanying
Family (H-4 Visa)
Accompanying family members (spouse and children) will be
issued an H-4 visa. The family requires a valid passport(s)
and proof of relationship with the principle applicant. Should
the family not be applying for their visa at the consulate
at the same time as the student or not be adjusting status
from within the United States, they will also require a copy
of the principle applicant's approved H-1 visa, his I-94 card
and a recent letter from the employer of the H-1 beneficiary
indicating that he is currently employed with the company
per the terms of the H-1 visa.
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