| H-1B Visas for Specialty Occupations, Professional Workers |
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An H-1B nonimmigrant visa is a temporary visa for professional workers in specialty occupations that normally require a bachelor’s degree or equivalent as a minimum requirement. Typical examples of H-1B eligible professionals are computer programmers, engineers, teachers, scientists, and lawyers. The H-1B visa is valid for three years and can be renewed for an additional three years. Defining a Specialty Occupation“Specialty occupation” is defined as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge, and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States”. To establish that a job qualifies as a specialty occupation under USCIS regulations, one or more of the following criteria must be met:
If the applicant does not possess a bachelor’s or higher degree, he or she may qualify based on experience that is equivalent to the bachelor’s degree. The beneficiary must demonstrate recognition of his or her expertise gained through “progressively responsible positions relating to the specialty”. Documentation of recognition could include letters from previous employers, peers and special honors recognition, or authorship of textbooks. With the “three-for-one” rule, three years of specialized training and/or work experience may be substituted for each year of college-level education that the beneficiary lacks. The Required Forms In order to file an H-1B application, an employer must submit the following forms to the USCIS
If the job itself qualifies as a “specialty occupation” and the applicant is sufficiently qualified, a potential employer may petition for the H-1B on behalf of the foreign national. The Department of Labor requires the filing of a "Labor Condition Application" (LCA) before the petition may be filed. Basically, the rules require the employer to "attest" that the worker will be paid the higher of the actual or prevailing wages, and will not adversely affect other workers. The LCA, Form ETA-9035, is required for an H-1B petition approval. The LCA contains basic information about the proposed H-1B employment such as rate of pay, period of employment, and work location, which must be saved by the employer in a public access file. The LCA must be certified by DOL before the H-1B petition may be approved by USCIS. By signing and filing the LCA, an employer makes four attestations or promises. The employer attests:
-the “actual wages” paid to others with similar experience and qualifications; or -the “prevailing wage” for the occupational classification
-provided notice of this filing to the bargaining representative (if any); or -if there is no such bargaining representative; it has posted notice of filing in at least two conspicuous locations for a period of 10 days. Spouses and dependent children may obtain H-4 visas as the dependents of the primary applicant for an H-1B visa by filing an I-539 form and providing other documentation. H-4s may study but not work without obtaining a separate work visa. If our office will be assisting you with an H-1B petition, please complete the following checklists and return them, along with the requested documents, to our office: Please note that according to Public Law 111-230, additional fees will apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. For information on:
Additional Resources
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