The H1B categories apply to aliens coming temporarily
to perform services in a specialty occupation or distinguished
merit and ability. The FY2001, 2002, and 2003 cap on
H1B admissions is 195,000 workers. 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. These fields are various
and 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.
The job you apply for must demand at last a U.S. Bachelor's
Degree or its equivalence. The visa is not self-petitioned,
which means you will need an employer to sponsor you.
You can stay in the U.S. for up to six years, after
which you are required to leave the U.S. for at least
one year before being eligible again. Your spouse and
unmarried children under the age of 21 are allowed to
join you in the U.S. under the H-4 status. They are
not permitted to work, unless they personally qualify
for a work visa.
Steps:
You must first get in touch with a U.S. employer who
will offer you employment. This employer should file
a petition with the USCIS and obtain a Labor Condition
Application (LCA) certified by the Department of Labor.
They must also show that you are qualified for the proposed
position, and that the job falls under the classification
of a specialty occupation. After wage conditions are
met, the employer will submit the LCA form to the Department
of Labor. After verified, accepted and certified, the
LCA form will be returned to the employer. The employer
should then submit the form to USCIS. Other documents
required include proof of your expertise, the type of
work you will be involved in and your employer's professional
credentials. The employer must file-in Form I-129 (Petition
for Non-immigrant worker) with the USCIS office. USCIS
will send Form I-797 (Notice of Action) to your employer.
Your employer should then send you all requried documents
(see below). You will then be able to apply for the
visa at the U.S. consulate in your country.
CHECKLIST FOR
H-1B VISA (PDF)
Dependents (H4)
Dependents (spouses and unmarried children under 21
years of age) of H-1B workers are entitled to H-4 status
with the same restrictions as the principal. Dependents
may not be employed under the H-4 classification. Each
petition may only include one worker.
CHECKLIST FOR
H-4 VISA (PDF)
Disclaimer
" Any information on this website should
not be construed as legal advice for any individual
case or situation. The information is intended to be
general and should not be relied upon as being specific".
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