H-1B Visas Immigration Lawyer
H-1B Visa Requirements:
Position Requirements
- The job offered must be filed as a “specialty occupation.” A specialty occupation orders for a bachelor’s degree or an advanced level of education certification. There are distinct positions that may not mandate a bachelor’s degree due to the complexity or particular listed duties. However, most positions categorized under ‘professional’ require a bachelor’s degree.
- Examples of qualified positions: engineers, professors, researchers, medical, accountants, attorneys, and architects.
Education Requirements
- The bachelor’s or advanced degree must originate from an accredited university or college. The degree is required to relate to the H-1B specialty position. If the degree was obtained outside the United States, it must be equivalent to an available U.S. degree.
- Work experience is not a pre-requisite if holding a bachelor’s degree. Education requirements may be substituted with at work experience. The general rule for the amount of accepted work experience: 1 year required of University = 3 years of work experience.
Department of Labor and USCIS Requirements
The H-1B visa requirements also entail the employer to submit an I-129 form to the USCIS once the DOL certifies the LCA.
Prevailing Wage Determination.
- This is a determined average wage paid to U.S. employees in similar fields. The foreign professional must receive at least the given prevailing wage.
- Employment of the foreign professional will not affect U.S. working conditions in similar fields.
- Employer is obligated to internally post notice of filing for H-1B.
- There cannot be an existing strike/layoff/lockout within the intended field
- Employer must be compliant with public examination processes
- If the employer terminates the foreign professional’s employment before designated time, the employer must pay the expenses associated with transportation back to the home country.
- The employer is not authorized to grant the foreign professional employment until the USCIS indicates approval.
U.S. Employer Requirements
- It is required to have the funds necessary to pay the foreign professional
- The employer must provide an official job offer. An official job offer signifies that documented evidence can be presented to show a true business need.
We have guided many clients – both employers and workers – through the H-1B Visas for Temporary Workers application process. If you have questions about the H-1B Visas call 718-407-0871 to schedule a consultation with out top rated immigration attorney.
