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USCIS application
procedures:
Temporary Professionals
Visa (H1-B) |
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(Temporary Residence)
An H-1B Visa (Specialty Occupation) is a non-immigrant visa that is available to a foreign employee who has a job offer by a United States company for services to be performed in the United States. H-1B Visas are available to employees in occupations that require a highly specialized knowledge. It allows you to stay and work in the US for an initial period of three years, but not to exceed six years. H-1B Visa holders can travel in and out of the United States, when it has been granted by a US Consulate. Spouses and unmarried children under the age of 21 may receive visas as well. They will not be eligible to work, however, unless they qualify through an application of their own.
As a Temporary Professional Worker you will be granted rights and accept responsibilities, explained next.
Some of the rights and benefits granted include:
- Work legally for a United States business.
- Not required to maintain a foreign residence.
- Travel in and out of the United States or remain there continuously for the term of the H-1B.
- Visas available for spouses and unmarried dependant children under 21.
- With employer consent may lead to permanent residence.
Some of the responsibilities implied include:
- Restricted to working only for United States business who acted as H-1B sponsor.
- Alien must have BA or BS degree equivalent.
- Must obtain Labor Condition Application.
- Annual capping for H-1B Visas.
- Visas limited to total of 6 years, alien must reside abroad for 1 year before applying for another H-1B Visa.
- You must intend to remain in the United States temporarily.
Who Can Apply?
- You must have a "specialty" job offer in the United States for work to be performed in the United States.
- The job must offer you the prevailing wage for that type of job or the actual wage paid to similar workers with that employer.
- You must have earned a Bachelor's Degree or earned substantial on the job training, unless you are coming as a fashion model.
- You must have a license, if that is deemed necessary, for that particular occupation.
- Your educational and professional experience must be consistent with that related to the position that you are being offered.
- Your employer must apply for and receive an approved Labor Condition Application from the Department of Labor.
- Accompanying spouses and unmarried children under the age of 21 of H-1B visa holders can obtain H-4 visas which allow them to stay in the US, but not work here.
How do I Apply?
There are 3 general steps in the application process for an H-1B Visa.
- First, your employer must file a Labor Attestation with the Department of Labor (Form ETA-9035 Labor Condition Application for H-1B Nonimmigrants). If the Labor Attestation is approved, your employer will then receive a copy of the completed ETA-9035 with a stamp of approval from the Department of Labor. The Self-Help Kit Temporary Professionals H-1B Visa provides all necessary instructions on how to fill out the ETA-9035 and additional documents. The USCIS may ask for additional information: if you leave it out of your application, this will delay the process.
- Your employer will file your H-1B Petition with the appropriate INS regional service center. This petition will include Form I-129 and the H Supplement. This is the last step in the process.
- If your Petition for an H-1B Visa has been approved, you can go on to fill out your Nonimmigrant Visa Application for the actual visa. The Self-Help Kit Temporary Professionals H-1B Visa provides examples to prepare your application.
What do I do Now?
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