Getting an H-1B Work Permit for US Employment

Those with University degrees often have amazing employment opportunities presented to them. And, the chance to make a name for yourself in the US could be life changing. However, not obtaining the proper paper work can put a halt to your venture even before you have a chance to experience it. A skilled immigration lawyer may be able to assist you in making sure that does not happen.

H-1B Visa Work Permit

Most applicants under the H-1B Work Visa category are highly educated with a University degree. An H-1B Visa is a U.S. work permit that allows foreigners to work “specialty occupations” for U.S. employers. This means that your employment in the United States cannot be for any type of work.

To qualify for an H-1B Visa:

• You must perform services in the U.S. in a specialty occupation;
• You must have a job offer from a U.S employer that offers you the “prevailing wage” paid in the same U.S. geographic area for similar work that you will be performing;
• A bachelor’s degree or higher is the minimum requirement for entry into that position;
• The degree requirement is common to the industry in parallel positions among similar organizations or the duties of the positions are so complex that only a person with a degree can perform them
• The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with a bachelor’s degree
• Your U.S. employer normally requires a degree for the position offered
• You must have the correct background to the job offered
• It is important to note that where a degree is not usually required for an occupation, an H-2B Work Visa may be appropriate.
• H-1B Application Procedure
• Processing Times for H-1B
• H-1B Quotas
• Duration of H-1B Status

NOTE: H-1B Visas for 2011 are no longer accepted. Applicants wishing to apply for an H-1B visa must do so on April 1, 2012. Consider applying for a TN Visa.

Contact us today for a consultation with one of our Immigration Lawyers for the Boston, MA. area.

The  3 steps involved in the H-1B process

1. Prevailing Wage Determination

The employer must determine the “prevailing wage” for the complete job offered to the foreign national. This is usually done by filing a request with the state employment security agency (SESA). The wage must be higher than or within 5% of the prevailing wage in the state on the indented employment.

2. Employer’s Attestation

The employer must file a Labor Condition Attestation (LCA) with the United States Department of Labor (DOL). The LCA contains information about the nature of the occupation, the number of foreign workers that have been hired and the wages paid. The LCA also contains a written promise that foreign nationals will be paid the higher of the prevailing wage or the actual wage paid to similarly situated workers; that there are no strikes or lockouts in process involving jobs to be filled by foreign workers and that the employer has given notice of the filing of H-1B attestations to either the labor union or has posted notice of the filing in a open space where other workers to see.

3. Employer’s Petition and Application

The employer files the H-1B Visa Petition with the USCIS Service Center in the United States. Once the Petition is approved, the application is filed by the foreign national to the U.S Consulate. IF YOU ARE CANADIAN, you can simply go to a US port of entry with the approved petition and be admitted.

Processing a H-1B

Processing times range from 9 to 14 weeks depending on the USCIS Service Center that has jurisdiction over the case.

Duration of H-1B Status

H-1B Work Visas can be issued for a period of up to 6 years. However, the USCIS typically will issue the visa for an initial period of 3 years. Extensions must be filed after the three-year period usually requiring a new Labor Condition Attestation (LCA).

It is not often that opportunity knocks at the door and the prospect to work in the US could be a lucrative experience. By hiring a skilled immigration attorney you also are employing the chance at a better life.

Contact us today for a consultation with one of our Immigration Lawyers for the Boston, MA. area.

Thank you Niren and Associates for helping me with entry into US.  I would recommend your immigration services to anyone I know who needs this.H. Thakur