H1B Visa

H1B Visa

 

If you dream of a lucrative life in the US, and want the ability to work there temporarily as well and are a professional with the skills, education and experience to match; the H1B Visa may be exactly what you are looking for.

The H1B visa is a temporary working visa for those who are members of a specialty occupation. You will need:
  • At least a Bachelor’s degree or equivalent; and
  • are working in the field associated to this degree.

Labour Certification

Before you can file for your H1B visa, your employer is required to first obtain a Labour Certification Application from the Department of Labour. This application is an assessment of the job being offered that protects you, as the applicant, from being treated unfairly in the US.

Your employer is required to pay you an income that is according to the prevailing wage or the employer’s actual wage for the position. This shields you from being underpaid for doing the same job that a Citizen might get paid more to do.

At the same time, Federal Policy requires that the employer comply with complicated recruitment efforts and record keeping requirements.

Period of Validity

The H1B visa can be initially approved for a period of three years. This can later be extended for another three years up to a maximum of six years. This does not mean that you will get three years up front and an additional three years when you extend the visa. This is under optimal conditions.

Your initial visa may only be valid for one year, and then extended again for an additional two. You may do this a few times until you reach the six year maximum. Further, the extension is based on your job duties and reflects the duration you may still be required to complete your intended duties in the US. Your visa will not be extended simply because you request it, you will need to demonstrate the need for such an extension.

Accompanying Family

If you are successful in obtaining your H1B visa and are married or have dependent, unmarried children under the age of 21, they may be given H4 visas. This will allow them to accompany you to the US and will be valid as long as your H1B visa is valid.

The H4 visa is a non-work status visa which means that your accompanying family are not able to enter the neither US Labour Market nor work in the US and are considered visitors based on your status.

What You will Need

In order to qualify for the H1B Visa, you will need:

  • A Job offer from a US Employer;
  • Labour Certification applied for by your employer on your behalf;
  • To submit an application for H1B visa upon receipt of your Labour Confirmation;
  • Have at least a Bachelor’s degree in your field; and
  • Be working in the occupation related to your education.

If you are currently in the US and working on an H1B visa and received a job offer from another company, you may qualify to work for the other company but will still need to make an application to do so. As the H1B visa is employer specific, meaning you can only work for the employer for which you obtained your H1B visa, you will need to file for a new H1B visa. This is called the portable H1B provision and is only eligible under this category.

How We Can Help

If you have the skills, experience and education to obtain an H1B visa, your professional career is important to you. As such, submitting the proper application from inception is key to ensuring you receive your status as quickly as possible so that you can begin your exciting new job in the US. As obtaining a work visa in the US is typically a two stage process, starting with your employer, we will work with you and your employer to ensure the application is submitted as quickly as possible.

We will assist you:

  • Draft the necessary forms;
  • Work with you and your employer to obtain the proper documentation;
  • Draft appropriate supporting documentation like a contract, employment offer letter, etc.;
  • Assist with preparing and filing for a Labour Certification;
  • Help demonstrate how you meet the conditions of a nonimmigrant worker;
  • Compile the strongest possible case as per your unique situation; and
  • Of course, be with you every step of the way.

For more information on H1B Visas, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.

H-1B visa is a type of employment based visa for the U.S. This visa is granted to people who qualify and are eligible for temporary work in the U.S. In most cases they may have to work in a specialty occupation. There are various steps you may need to follow in order to apply for an H-1B visa.

  1. You will need a job offer from an American employer.
  2. The employer would than file the petition with the U.S Immigration Department.
  3. The employer would also have to file a Labour Condition Application.
  4. Once the petition is approved, you may be able to obtain a visa stamp to enter the U.S.
  5. Once you have the stamp, you may schedule an interview at the U.S. consulate or embassy.
  6. If the interview process is successful, then you may get an H1 visa stamp on your passport.

These are some of the general steps you may need to follow in order to receive an H-1B visa. It is important that you understand the role of the employer in the process, as there are certain steps that require the employer to submit various applications and supporting documents.

We can help with this process, and help you file the right application with the highest chance for success. You may contact us and our team of professionals will be happy to assist you with your immigration needs.

An H-1B visa is a non- immigrant employment visa that facilitates corporations or companies that may want to hire foreign workers for certain ‘specialty occupations”.

These occupations are usually considered high skilled occupations, and in many cases require a bachelor’s degree or higher or a certification equivalent to that degree. The degree requirement should match the type of occupation the employee is being hired for.

Here are some of the occupations that may be considered “specialty occupations”:

  • Law
  • Accounting
  • Chemistry
  • Architecture
  • Biotechnology
  • Business specialties
  • Engineers
  • Financial analysts
  • Fashion Models
  • Entrepreneurs

In order to qualify for an H-1B visa you may need to get s job offer from the employer in the U.S. The employer would have to file a petition for Nonimmigrant Worker in the U.S., and they would have to file a Labour Condition Application (LCA). LCA would have to establish wages, and it will determine what the minimum salary/wage that the worker will be paid.

Determining whether your occupation is part of a specialty occupation, determining what documents the employer may need to file and what documents you will need to provide can easily become complicated.

We can guide you through the entire process, and help you submit the correct documentations. You can contact us and our team of professionals will be happy to assist you.

To better understand the H-1B visa, there are five requirements that should be reviewed. Before reviewing these requirements, it is important to know what an H-1B visa is. An H-1B is a visa category that allows certain individuals in a specialty occupation or service to work in the U.S. This is a temporary (nonimmigrant) workers program, which means that you will not be permitted to stay in the U.S. permanently.

The five requirements are:

  1. You must have an employer-employee relationship with the petitioning employer
  2. Your job must qualify as a specialty occupation by meeting specific criterion
  3. Your job must be in a specialty occupation related to your field of study
  4. You must be paid at least the actually or prevailing wage for your occupation, whichever is higher
  5. An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits

Having an employer-employee relationship can be demonstrated through the nature of the association. This is determined by what control the employer has over the employee; whether they have the right to hire, pay, fire, or supervise the employee.

To qualify as a specialty occupation, your job must meet certain criterion. It must meet one of the following,

  • A bachelor’s degree, a degree higher than a bachelor’s degree, or equivalent is usually the minimum prerequisite for the position
  • The degree prerequisite is standard for the position or the job is so complex or distinctive that it can only be done by someone with at least a bachelor’s degree in the related field
  • The employer usually necessitates that a degree or its equivalent is needed for the position
  • The position requires a knowledge that is so specialized and complex that a bachelor’s or higher degree is required

To show that your position is a specialty occupation, you can provide detailed explanations regarding the duties required of you. You may also wish to get written opinions from experts in the field to make your position stronger.

An actual wage is the wage paid to all persons who carry the same position and credentials as you. The prevailing wage is the wage paid to people with your experience and relates to the geographic location you are in. If persons with your specialization are being paid particularly high in the region your position is offered in, then you will get the prevailing wage.

It is important to note that the H-1B visa has an annual cap of 65,000 per fiscal year and so you must have a visa number when you file a petition to show that the cap has yet to be reached and you may apply.

If you require further assistance regarding the H-1B visa or you seek a legal representative to complete the process for you, contact Akrami & Associates today. Our experienced legal representatives will be with you every step of the way.

At Akrami & Associates, our legal team has the experience and skills to assist you with your petition for an H-1B visa.

Before applying for an H-1B visa for those with specialty occupations, you should ask yourself,

  • Do I have a bachelor’s degree or something equivalent to it?
  • Will I be working in a specialty occupation?
  • Will I be earning wages in this position?

If you answered yes to most of these questions, you may be eligible for an H-1B visa.

There are four further basic requirements that must be met and will assist you with determining your eligibility. These four consist of,

1.     Having an employer-employee relationship with your petitioning U.S. employer

This is determined by the nature of your relationship, which includes the ability of your U.S. employer to,

  • Hire you
  • Fire you
  • Pay you
  • Supervise the work you do

2.     Your job must meet the specialty occupation requirements by meeting one of the following,

  • Your job requires a bachelor’s degree, a higher degree, or its equivalent

            o This is the minimum requirement for the particular position you are petitioning for

  • The degree requirement is common for this position in the industry
  • The employer would normally ask for a degree or its equivalent for this position
  • The duties are so specialized and complex that a degree is required to complete it

3.     You job must be a in a specialty occupation related to your field

A list of specialty occupations can be found online and only if this is your area of specialization will you be permitted to apply in this class.

4.     You must be paid at least the actual or prevailing wage for your occupation, whichever is higher

Prevailing wage depends on the position and the geographic location you are in which will determine what a person with your skill level will receive in terms of wages.

At Akrami & Associates, we can assist by assessing your eligibility and then proceed to the application processes and procedures. Call us today to speak to one of our legal representatives and let us help you.

To better understand the H-1B visa, there are five requirements that should be reviewed. Before reviewing these requirements, it is important to know what an H-1B visa is. An H-1B is a visa category that allows certain individuals in a specialty occupation or service to work in the U.S. This is a temporary (nonimmigrant) workers program, which means that you will not be permitted to stay in the U.S. permanently.

The five requirements are:

  1. You must have an employer-employee relationship with the petitioning employer
  2. Your job must qualify as a specialty occupation by meeting specific criterion
  3. Your job must be in a specialty occupation related to your field of study
  4. You must be paid at least the actually or prevailing wage for your occupation, whichever is higher
  5. An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits

Having an employer-employee relationship can be demonstrated through the nature of the association. This is determined by what control the employer has over the employee; whether they have the right to hire, pay, fire, or supervise the employee.

To qualify as a specialty occupation, your job must meet certain criterion. It must meet one of the following,

  • A bachelor’s degree, a degree higher than a bachelor’s degree, or equivalent is usually the minimum prerequisite for the position
  • The degree prerequisite is standard for the position or the job is so complex or distinctive that it can only be done by someone with at least a bachelor’s degree in the related field
  • The employer usually necessitates that a degree or its equivalent is needed for the position
  • The position requires a knowledge that is so specialized and complex that a bachelor’s or higher degree is required

To show that your position is a specialty occupation, you can provide detailed explanations regarding the duties required of you. You may also wish to get written opinions from experts in the field to make your position stronger.

An actual wage is the wage paid to all persons who carry the same position and credentials as you. The prevailing wage is the wage paid to people with your experience and relates to the geographic location you are in. If persons with your specialization are being paid particularly high in the region your position is offered in, then you will get the prevailing wage.

It is important to note that the H-1B visa has an annual cap of 65,000 per fiscal year and so you must have a visa number when you file a petition to show that the cap has yet to be reached and you may apply.

If you require further assistance regarding the H-1B visa or you seek a legal representative to complete the process for you, contact Akrami & Associates today. Our experienced legal representatives will be with you every step of the way.

More Articles ...

  1. US H1B VISA
Page 1 of 2