Temporary Employment in the US: H-1B Visa

What is an H-1B Visa?

An H1B Visa allows a foreign national to come to the United States to work on a temporary basis.  The maximum time you can spend in the United States on an H-1B visa is 6 years.  The H 1B Visa is for a foreign national who has a specialty occupation. In order to get this type of visa, one must have their H1B documents and be up to date with the latest H1B Visa news.  The United States Citizenship and Immigration Services (USCIS) define a specialty occupation as an occupation which “requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent.” 

H-1B Visa Requirements

The following requirements must be met to qualify for an H-1B visa:

• The employer must a United States employer
• The occupation or position must one which requires a highly specialized set of skills or knowledge
• The employee must have at least a bachelor’s degree in a field related to the occupation and any required licenses or certificates required for the occupation

The Employer Begins the Application Process

A U.S. employer must actually begin the process for you.  The employer must file a Labor Condition Application with the Department of Labor.  The employer will have to state what your wages will be and what the working conditions will be.  The employer will also have to show the efforts made to hire a U.S. worker and must show that the wages you will make will be the same as what others in that position and that part of the country are making as well.  The employer then has to file Form I-129 and pay a fee.  Once the USCIS approves the petition, then you can apply for the H-1B visa and begin the H1B Processing.

Do you need a lawyer?

Most employers who hire foreign nationals have attorneys who will advise the employer and the employee on the immigration process at the employer’s expense.  The difficulty in presenting your case will be in proving that you are a specialty worker and not just an average worker.  If the employer does not have a lawyer, it would be wise to consult a lawyer before beginning the H-1B visa process to make sure you have all the necessary documentation and forms.

Only the Lucky Get an H-1B Visa

There is a limit of 65,000 USA H-1B visa given each fiscal year. There are groups of H1B visa holders who are not part of the limit including foreigners who will be working at universities or research facilities. The applications for visas under this category go very fast and the demand far exceeds the availability. Applicants must apply as soon as possible to have a chance at an H-1B visa.  For fiscal year 2008, the entire quota was exhausted before the end of the first day on which applications were accepted.