H1B visa is for specialty occupation worker. The occupations include accountant, engineer, lawyer, researcher, acupuncturist, chef, chiropractor, computer programmer, dietician, electronics specialist, fashion designer, general manager, graphic designer, hotel management, industrial designer, interior designers, investment analyst, journalist, librarian, marketing research analyst, medical records librarian, medical technologist, minister, orthopedist, pharmacist, social worker, software design engineer, technical publications writer, editor, etc. In the application for this H1B visa, the petitioner is the employer.
Family members
The H1B holder’s spouse and children can stay in the US with a H4 visa. Holders of the H4 visa may attend classes, but cannot work without a work authorization card.
Admission, extension and termination
Initial Petition is usually approved for admission into the United Sates for 3 years, with a maximum stay of 6 years including extensions. The 6-year limit also applies to spouses and dependents in the H-4 status.
A H1B visa holder may extend the visa status beyond the 6-year limitation if a labor certification, an I-140 or employment-based adjustment application has been filed after 365 days or more have elapsed since the filing of the initial petitions.
There is no “grace period” for a terminated employee.
A H-1B visa holder should not enter the U.S. earlier than 10 days prior to the start of the H-1B start date.
Requirements of H1B application
The applicant must possess a bachelor’s degree or foreign equivalent. An associate degree with 3 years work experience in the same area is also acceptable. Foreign degrees are acceptable as long as it has been evaluated to be equivalent to a US degree.
The position must be related to the major of the bachelor’s degree.
The employer must pay a minimum of the prevailing wage set by the department of labor
Quota
The current quota is 65,000.If the applicant has earned a master’s or higher degree from a U.S. institution of higher education, an additional 20,000 quota is available.
Applications not subject to the quota above:
H1B extension
H1B change of employer
Employer is a nonprofit research organization or a governmental research organization or an institution of higher education.
Premium Processing
The USCIS will take an action on the premium processing case within 15 calendar days after the request has been physically received at appropriate USCIS office. Case actions include an approval notice, a request for evidence, or a notice of intent to deny.
Timing
The annual quota is available from October 1 of each fiscal year. The petition can be filed 6 months before the quota is available. During the first week of the filing period, if the number of applications reaches the cap, the applications will be pooled together and a lottery will be drawn to determine the application eligible to be adjudicated. Beneficiary with a US master or higher degree has two chances. The 20,000 quota will be drawn first, then it will be put into the 65,000 for the second chance.
Questionnaire:
1. Is your job related to your major?
2. Does your status last beyond 10/01?
3. Is your degree evaluated, if obtained outside the US?
Required H-1B Application Documents to be provided by various parties, as indicated below:
Employer-related documents:
1. Company brochure(s);
2. Company FEIN letter from IRS (if no H1b has been filed by the employer from 12/2009 to present);
Employee-related documents:
1. Resume
2. Degree
3. Transcripts
4. Passport; visa and front and back of I-94 (Arrival/Departure Card)
5. All proof of US legal status
Dependent-related documents:
1. Passport; visa and front and back of I-94 (Arrival/Departure Card)
2. All proof of US legal status
3. Birth certificate of children
4. Marriage certificate of spouse
Additional information is required to complete the H-1B application.
Please provide the following information:
Employer Information
Name: ____________________________________
Business Address:_____________________________________________________
County:_____________________
Tel:____________________ Fax:________________________
IRS Tax #: ________________________
Type of Business: __________________________
Year Established: _____________
Current Number of Employees: _______
Gross Annual Income: _____________ Net Annual Income: ______________
Name of Officer Who Will Sign the H-1B Petition: ___________________________________
Title of Officer Who Will Sign the H-1B Petition:
___________________________________
Email of Officer Who Will Sign the H-1B Petition:
___________________________________
Employee Information
Last Name:__________ First Name:_______________ Middle Name: ________
Date of Birth (mm/dd/yy): _____________
Province of Birth: _________________Country of Birth: _________________
Social Security Number:_______________ A#: ________________
Passport number: _________________
Date passport issued: _________________
Date passport expires: _________________
If in the U.S, please provide the following information:
Date of Arrival (mm/dd/yy):______________ I-94#: ______________________
Current Non-immigrant Status:______________________
Expires on (mm/dd/yy): ______________
Previous Foreign Address: ________________________________________________
Employment Information
Job Title: ___________________
Detailed, non-technical job description:
________________________________________________________________
________________________________________________________________
________________________________________________________________
Address where the employee will work (if different than Employer Address listed above):
__________________________________________________________
Is this full-time employment? Yes / No Hours per work __________
Wages per week or per year: ____________
Other compensation (Please explain):
Value ($) per week or per year: __________________________
Dates of intended employment: From: __________ To: _______________