H1B Visa

H1B Visa Description

Employers in the United States that wish to employ foreigners in professional positions for “specialty occupations” may file petitions with the USCIS requesting H1B visa status for foreign national workers.

The temporary professional visa (H-1B) allows professionals to enter the United States and accept temporary employment within their profession.

This visa is often utilized by engineers, teachers, professors, designers, researchers, computer scientists and other professionals as a means to gain valuable work experience in the United States while receiving a professional income.

The visa is subject to annual quota restrictions and is often sought by foreign nationals who have completed their professional training either in the United States or abroad.

Advantages

Permission to Work

Allows professionals to enter the United States and accept employment in a professional capacity for a temporary period.

Earnings

The professional is allowed to receive a salaried income from the employer.

Duration

The H-1B visa is granted in increments not to exceed a total stay of six years.

Spouses & Children

Spouses and children under twenty-one years of age may be entitled to remain in the United States for the duration of the H1B visa holder’s authorized stay.

They are issued H-4 visas and are not permitted to work as H-4 visa holders.

Dependents Permitted To Attend School or College.

The spouse and children under twenty-one years of age are permitted to attend school on their H-4 visa status.

Multiple Employers

More than one H1B visa petition may be in effect simultaneously, allowing the H1B temporary professional to work for two employers during the same time period.

H1B Visa Requirements

Professional

The applicant must possess the appropriate academic degree or equivalent by experience through progressively responsible positions.

If the applicant possesses a foreign degree, the Immigration Service may require a credential evaluation.

Employment

There must be an employer in the United States offering the professional employment.

The offer of employment must be to perform services within a “specialty occupation” which requires theoretical and practical application of a body of highly specialized knowledge and a bachelor’s or higher degree in the specific specialty as a minimum for entry into the occupation.

The offer of employment may be for full or part time employment.

Licensure

Where licensure is required to practice a profession, the applicant must hold appropriate licensure under state law.

Employer

The employer must complete the Labor Condition Application procedure with the United States Department of Labor.

The Department of Labor must approve the employers Labor Condition Application.

The employer must agree to pay transportation cost if the employer terminates employment prior to the end of the authorized employment.

Limitations

No Work Prior to Approval

Employment may not begin until the Immigration & Naturalization Service has issued its approval and the appropriate visa issued.

Changing Employers

Employers may be changed during the six year H-1B visa duration, but only after approval of the new employer and by the Immigration & Naturalization Service.

H1B Visa Quota

The H1B visa (specialty occupation) is subject to an annual numerical quota.

Spouse & Children Not Allowed to Work

The spouse and children of the H1B visa holder are not permitted to work.

H1B Visa Procedure

Step 1: Prevailing Wage

Click here to obtain the prevailing wage from the Foreign Labor Certification Data Center.

Step 2: LCA . Form ETA 9035

The employer petitioning for H-1B status must file a labor condition application ‘LCA’ with the U.S. Dept of Labor.

The LCA (form ETA 9035) must be certified by the DOL before the H-1B petition is filed with the Dept. of Labor.

Step 3: Form I-129

The employer files with form I-129 with the USCIS. A decision is usually issued in 2 to 5 months. (15 Days is premium processing is used).

Required Documents

Specialty Occupation

An H-1B is an alien coming temporarily to perform services in a specialty occupation.

A specialty occupation is one which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty.

The petition must be filed by the U.S. employer, and must be filed with:

An approved labor condition application from the Department of Labor;
Evidence the proposed employment qualifies as within a specialty occupation;

Evidence the alien has the required degree by submitting either:

  • A copy of the person’s U.S. baccalaureate or higher degree which is required by the specialty occupation.
  • A copy of a foreign degree and evidence it is equivalent to the U.S. degree, or
  • Evidence of education and experience which is equivalent to the required U.S. degree;
  • A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
  • A copy of any written contract between you and the alien or a summary of the terms of the oral agreement under which the alien will be employed.

Processing Times:

LCA: 7 Days

USCIS – New Petition: 2-5 Months

USCIS – Transfer or Renewal/Extension: 2-5 Months

USCIS – Premium Processing Service: 15 Days

If you have a general question about the H-1B visa please complete and submit the form below and we will do our best to answer it.

You can also follow us on facebook as we usually post the answers there.

Your First and Last Name (required)

Your Email (required)

I am an:

My status is:

Notes / Message/ Question

Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit

Client Reviews

I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
T M
T M
19:18 23 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
I could not have asked for better service. I will definitely be coming back to get the green card process done. The fees are extremely reasonable and they stick with their clients the entire way. I had so many questions during this process, and each one of them were answered very quickly and with out most professionalism. This firm is a pleasure to work with and I highly recommend them to anyone.
bryan mowrey
bryan mowrey
06:41 25 Nov 16
Marc and John Dorer worked on our case to file for AOS after our L1A was approved.Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call.All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers.But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally.Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
At first I thought I could have very well gone through the green card application process on my own and saved all lawyer fees. Its funny how some lawyers can charge in excess of 2K for this. However at Taylor and Associates the price seemed more reasonable and felt it made sense to go with one at that price. There were some doubts that arose in our mind which they cleared in a timely manner and seemed very knowledgeable in this area. Its for moments like these when having a professional around helps. While we can get busy with our lives and with laws constantly changing, I would definitely recommend them - a small price to pay for peace of mind.
Callistus Pereira
Callistus Pereira
17:51 06 Jun 17
I am US citizen. We hired Marc's firm for my wife's Green Card process, We are extremely happy with their services.They are one of the best service providers in the country. Price is very affordable. John is awesome. He responded to our queries on time with very useful information. We highly recommend this firm to anybody looking for affordable and the best immigration services. it was an awesome experience working with this team.
Narsimha M
Narsimha M
13:57 04 Aug 17
Mark and team went above all my expectations of an 'online' service agency I went in with very low expectations to match the low cost of the service and was amazed that the experience was no different than going through an expensive attorney. They were very prompt on responses, very patient and also very knowledgeable on every facet of the application (including a follow up checklist). I would highly recommend them considering the low cost they charge and the high risk we take by doing this ourselves
First Dhalsite
First Dhalsite
22:27 01 Sep 17
USVISANOW streamlined the paperwork which saved us so much time. This also reduced the stress involved in filling out the paperwork. They also are very understanding and respond very quickly to questions and emails. Jackline is now a US citizen which took less than 5 months. Thank you Mr. Taylor and your team. From Brian and Jacky.
Jackline Osero
Jackline Osero
17:32 12 Sep 17
The best law agency I have ever worked with. Very responsive, experienced. I trusted my green process to them and it was done perfectly without and issues in minimum possible period. Thank You Very much Marc, John and others!!!
Hrach Gyulzadyan
Hrach Gyulzadyan
16:38 30 Sep 17
My husband and I worked with John Dorer from Marc Taylor's office, and his services exceeded our expectations. He was very knowledgeable, responsive, and our Green Card process and interview from start to finish went smoothly. Thank you so much, John, for your dedication to our case and all your help. I would highly recommend USAVISANOW to all!
Sophia Nguyen
Sophia Nguyen
17:26 09 Oct 17
Marc and John helped me apply and get my green card. They are very specific about needed documents and other details. Also, they are very responsive when you have a question. I know I emailed them several times just to ask questions that I could have found answers online myself. They are very patient and professional. If you want to get great services with reasonable fees contact them!
Amin Bagheri
Amin Bagheri
11:54 12 Oct 17

Read More Client Reviews