H B visa: Nature and Purpose
Normally, any person who wishes to enter the U.S. in order to study, work or visit for pleasure must apply for a visa. One of the ways to enter the United States to obtain work is through H1 visa application. H1B visa is a nonimmigrant visa open to foreign nationals who want to work in the U.S. for a limited period depending on the number of days, months, or years of working engagement approved by the USCIS.
For H1B visa category, a US-based employer files the petition as the sponsor for the foreign worker. For this purpose, both the employer and the foreign worker have to comply with the requirements to be eligible. The following requirements must be accomplished in H1B visa:
For the employer, he must:
- show that is vacant position in his company to be filled-up under the “Specialty Occupations” category where no U.S. worker qualifies or available to the said position. A “specialty occupation” refers to a job that requires a theoretical and practical application of a body of highly specialized knowledge;
- secure approval for a Labor Condition Application (LCA) with the Department of Labor before H1 B visa can be processed. With the LCA, the employer makes attestations as required by the Department of Labor that he agrees to pay the foreign employee at least the prevailing wage earned by similarly situated US worker possessing the same qualifications and skills; and
- file Form I-129, Petition for a Nonimmigrant Worker with the USCIS provided the LCA is already approved by the Department of Labor.
For the H1B visa employee, he must:
- hold a Bachelor’s degree or higher from a recognized college or university or must possessed the equivalent training and experience of 12 years in the field of science, education, medical profession, mathematics, engineering, information technology and other specialized field of occupation for a non-degree holder; and
- show a letter-invitation from the US-based employer or company for a position requiring 4-years of college or university education or even higher and those non-degree holder with speialized skills under “specialty occupation.”
Other conditions required of Labor Condition Application
The LCA warrants that the employer shall pay the H1B visa employee the prevailing wage for the position applied for. In addition, the employer attests that the hiring of the foreign worker will not adversely affect the condition of similarly situated employed U.S. workers and that there was no existing labor dispute (strike or lockout) in the workplace and further attests that the foreign employee will receive benefits comparable to those workers with similar jobs.
The benefits of H1B visa
- The foreign national will be allowed to work in the U.S. company for a minimum of three (3) years extendible to six (6) years and may qualify for Legal Permanent Residency Status or “Green Card”; and
- The spouse and dependent children of the applicant may join the applicant in the U.S. through H-4 visa.
H1B visa help: look for USA Citizenships
For your immigration questions, the USA citizenships is willing to discuss the issues at your convenience. If you want to be clarified or need assistance in filing your H1B visa application or any issues involving your visa application, extension of stay, adjustment of status, deportation defenses and others, contact www.usacitizenships.com or cal l (888) 940-0044.