H-1B
visa is a temporary nonimmigrant visa which allows
alien professionals to work up to six years in the United States, and
it also entitles the H-1B visa holder's spouse and children under the
age of 21 to accompany them and legally live in the United States on an
H-4 visa. The H-1B visa applicant must have experience or education in
a specialty occupation. An alien worker must leave the U.S. after six
years in H-1B status. There are
exceptions including those alien workers who have a Labor Certification
pending for more than 365 days, or a Form I-140 immigrant application
approved, or those who changed their status to H-4 visa.
H-1B
visa is designed to attract highly skilled professionals in a specialty
occupation to work in the U.S. on a temporary basis. In an
H-1B visa application process, the U.S. employer is
the petitioner, while the alien worker is the beneficiary. Foreign
workers themselves cannot apply for an H-1B visa to allow themselves to
work in the U.S. The number of H-1B visas issued each year is subject
to an annual cap that is determined by the U.S. Congress. The U.S.
employer must offer employment in a specialty occupation, either on a
full time or part time basis.
We
are the premier online resource where the H-1B visa application process
of how to file an H-1B visa application or an H-1B
status extension for alien workers is detailed in
our powerful Complete Do-It-Yourself H-1B
visa/status application package. We provide H-1B
visa DIY package and various H-1B visa application resources, and share
the best practices and questions/answers to help your H-1B visa
application process or your H-1B visa extension process.
H-1B
Visa Application and H-1B Status Extension
Resources for Alien Professionals
As
a H-1B visa application requirement, a specialty occupation requires
practical application of specialized knowledge. Examples of specialty
occupations include engineers, nurses, professors, researchers,
computer programmers, technicians, and other professionals. Foreign
workers must possess at least a bachelor degree or its equivalent, and
this equivalent requirement can usually be met by having a 3-year
degree and 3 years of relevant post-graduate experience. If the
applicant was awarded the degree from an institution not located in the
U.S., that degree must be evaluated to determine if it is comparable to
a U.S. awarded degree. If the alien possesses a U.S. bachelor degree or
its equivalent, then no prior employment experience is required.
An
U.S. employer seeking the services of an H-1B alien could be a person,
firm, corporation, contractor, or other association or organization in
the United States with an IRS tax identification number. There must be
an employer-employee relationship, as indicated by the fact that the
employer may hire, fire, pay, supervise or otherwise control the work
of the employee. The employer must first file a
Labor Condition Application (LCA), Form ETA 9035 or Form ETA 9035E,
with the Department of Labor (DOL). An employer filed LCA attests that
the H-1B visa worker is being paid the prevailing wage for the work
being performed, and that employment of the foreign worker will not
adversely affect the working conditions of similarly employed U.S.
workers.
As
opposed to many other nonimmigrant visas, the major advantage of the
H-1B visa is that it is a dual intent visa.
In other words, under the terms of the H-1B visa, the alien employee
can also apply for a U.S. Green Card and become a permanent resident of
United States, and the H-1B visa application or
H-1B visa extension will not be denied or
invalidated because of the Green Card application. If an employer is
willing, the employer can sponsor a foreign employee in H-1B status for
a Green Card application.
At
GreenCardApply.com, we are dedicated to providing the best resources
for H-1B visa application and H-1B status extension, and we make every
useful information available to help you prepare your H-1B visa
application or extension. Our Do-It-Yourself H-1B
Visa/Status Application Package and samples of
reference letter/samples of cover letter will greatly help your
application or extension process. Our H-1B visa/status DIY package is
very helpful for alien workers with specialized knowledge.
As
added value in the Complete Do-It-Yourself Package for H-1B Visa
Application and H-1B Status Extension, we provide comprehensive
instructions on H-1B visa application requirements
and processing, and we also let you know
step-by-step H-1B application procedures, and how to obtain
prevailing wage determination, how to receive a
Labor Condition Application from Department of
Labor, how to apply for H-1B status as a F-1 or J-1 student, and how to
submit a complete H-1B application to USCIS. We also provide
sample of cover letter, sample of filled forms,
application check list, prevailing wage request methods, detailed
description of H-1B annual cap and its exemption, detailed sample case
analysis, various questions and answers for H-1B application and
extension, and all required forms.
