The "Temporary Professional Worker " visas are available to individuals with a four year bachelor's degree from the
U.S. or abroad seeking a professional position with a United States employer. Under recent interpretations, the employer can
be a corporation owned entirely by the foreign professional and/or his/her family. The visa is available for a maximum of six years
and also can lead to permanent residency.
DESCRIPTION: The H-1B visa allows a professional worker from abroad to be employed by a U.S. employer (the Petitioner).
The main requirements for these positions are that the candidate possess the equivalent of at least a U.S. Bachelors Degree,
as well as experience relevant to the position for which approval is sought. An H-1B employee may remain in the United States up to 6 years and
no particular relationship between the prior employer abroad and the U.S. corporation is required.
However, the employee must be licensed under his particular profession in the United States and corresponding state,
unless it can be established that such licensure is not necessary. (For example, a foreign engineer working for a U.S. corporation but supervised
by U.S. licensed engineer may be able to avoid the state licensing requirement.)
The "H" visa, as well as the "L" visa, is specifically exempt from the presumption of immigrant intent. Under this change, working and living in the
United States is possible during the pendency of a Labor Certification filed by the employer to obtain the professional's green card.
This category is extremely attractive under the new law and will probably be utilized a great deal in the coming years.
The US Company contacts our firm that they
wish to hire a Foreign Worker.
NOTE: A prerequisite of the H-1B visa is that the recipient must have
a 4-year Bachelor's degree or equivalent and the position for which
he/she is being hired must require such a degree.
The Company's Recruiter gives an H-1B checklist to the worker
to obtain all the necessary documentation required for filing the petition.
In addition, our firms files a request for
the State Prevailing Wage (unless a publishes salary survey is available
to the Company). If the wage being offered is lower than the State Prevailing
Wage, the visa cannot be filed.
The Foreign Worker supplies the required documentation (requested in
Step 2) to our firm Upon receipt of the Prevailing
Wage information, our firms Form ETA-9035
Labor Condition Attestation with the Regional Department of Labor (DOL)
office. In addition, the Recruiter posts the ETA-9035 (not endorsed)
at the worksite per compliance memo.
Our firm then
a.) Prepares the Visa application and petition package;
b.) Files it at the appropriate Service Center, along with the DOL
approved ETA- 9035.
A Notice of Receipt or a Request for Additional Information
is sent by INS. All inquiries by the INS are received by our firm
and handled accordingly. Often, the INS will find
something unclear that must be explained in more clear terms. It may be
something as simple as a small exclusion of data or the absence of a
piece of evidence. Once all information requirements have been
it's then off to Step Six.
The Notice of Approval is issued by the Regional INS. Once all
evidence requirements have been satisfied, the INS approves the application
and the H1-B status is approved.
Once all of the above has been completed, one of several possibilities
a.) If the Worker is in status (no lapse in employment, or unlicensed
practice), he/she can begin work immediately.
b.) If the Worker is not in status, but has a valid H-1B visa
in passport, he/she must depart U.S., re-enter and obtain a new I-94
card at airport or border.
c.) If the Worker is not in status and has no valid H-1B visa
in passport, he/she must depart U.S., obtain visa stamp at U.S. Consulate
abroad, and obtain a new I-94 card at the airport upon re-entry.
It is important to note that the timeframes vary so dramatically for each
of these steps, dependent upon state, DOL, and INS processing times, that
an "average" time would be misleading.