The H-1B Visa has become a somewhat mythical visa category over the years. It’s the visa everybody wants and it’s the visa everybody pays attention to. The laws regarding the H-1B Visa constantly change and concerned candidates should stay informed and updated as much as possible.

The H-1B Visa allows foreign workers to enter the U.S. and work in a variety of fields. They range from Architecture and Engineering to Medicine and Health. The H-1B Visa offers a wide range of employment possibilities and is a substantial first step toward permanent immigration.

Quota Restrictions

The number of available new H-1B visas for fiscal year 2006-2007 is 65,000 per year with an additional 20,000 for those with a Master’s or higher level degree from a U.S. academic institution. The fiscal year begins October 1. These limits do not apply if you will be working for a college or university or a nonprofit or government research organization.

Dual Intent

The H-1B visa is unique because you don’t have to prove that you will return home at the end of your stay in the United States . At the same time that you are employed through your H-1B visa, you may also seek permanent residency (green card).

How to qualify for an H-1B visa

The first thing you must have is a job offer from a U.S. employer. The position must be permanent and must be temporarily filled. The occupation must require specialized knowledge normally acquired through a college education. In other words, at minimum, you will need a bachelor’s degree or substantial on-the-job experience that is the equivalent of a bachelor’s degree.

Your experience alone may be sufficient for an H-1B visa. For example, an individual who had 22 years experience as a document systems manager was able to qualify for an H-1B visa without the necessary Bachelor’s Degree.

You may also qualify with less experience if you have completed some university courses or have earned the equivalent of an Associate’s in Arts Degree (2 year-degree). Every three years experience in the subject specialty occupation is the equivalent of one year towards a university degree. A bachelor’s degree normally requires 4 years to complete.

The job you will be performing in the U.S. and your background must match. If, for example, you have a bachelor’s degree in engineering and have 6 years experience in engineering but you are applying for the position of accountant in the U.S., you are not eligible for an H-1B visa.

Our office will obtain the required Academic Credential Evaluation (ACE). If you were educated outside the United States , an ACE will determine the American equivalence of your educational level. If you have many years experience in the occupation, the ACE will also rate your job experience as an academic equivalence.

If the state in which you will be working requires a license for your particular occupation, then that requirement must also be satisfied above and beyond the bachelor’s degree.

Secondly, Hart Immigration will file the Labor Condition Attestation (LCA) with the Department of Labor on behalf of the employer. The LCA provides the proffered wage and the working conditions.

Finally, our office will file the Petition on behalf of your employer with the United States Citizenship and Immigration Services. With this petition we will be proving four things:

• You are eligible for an H-1B visa
• The position can only be filled by an employee with specialized knowledge
• You have the correct background and skills for the position
• Your U.S. employer has the ability to pay your wage.

Specialty Occupations

Some examples of a specialty occupation, include, but are not limited to the following professions:

Accountants
Acupuncturists
Architects
Artists
Chemists
Chiropractors
Computer Programmers
Computer Systems Analysis
Dieticians
Electronics specialist
Engineers
Fashion Designers
Upper Level Business Managers
Graphic Designers
Hotel Managers
Industrial Designers
Interior Designers
Investment Analysis
Journalists
Librarians
Medical records Librarians
Medical Technologists
Ministers
Orthopedists
Pharmacists
Physical Therapists
Social Workers
Software Design Engineers
Technical Publications Writers
Vocational Counselors
Webographers

Premium Processing

Premium processing in the amount of $1,000 payable to the government allows the application to be processed much faster than if filed conventionally. Premium processing is often recommended due to the current 65,000 cap.

Portability

If you wish to change jobs, you may do so after your new employer files a new petition. We must prove that you were lawfully admitted, that the new petition is not frivolous (not without basis in law or fact), that the new petition was filed before the expiration of your H-1B visa and that you have not been working without authorization.

Extension of stay

An H-1B is valid for 3 years and is renewable for another 3 years. If you are unemployed in the United States while in H-1B status, the period of unemployment would be counted toward the 6-year term. However, if you leave the United States for a significant period of time, your absence may suspend the 6-year limitation. An extension of stay to work for the same employer, if timely filed, continues employment for 240 days while a decision pending.

You may extend your H-1B status beyond the 6-year limit if a labor certification took 1 year or longer to be certified and an I-140 Petition or adjustment application has been filed before the expiration of your H-1B visa. Under those circumstances, H-1B status may be extended in one year increments.

Attending Classes

An H-1B visa holder may attend classes so long as they are incidental to H-1B status.