H1B Visa

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.

US H1B VISA

The H1B visa is an employment-based, non-immigrant visa category for temporary workers. For such a visa, an employer must offer a job and apply for your H1B visa petition with the US Immigration Department. This approved petition is a work permit which allows you to obtain a visa stamp and work in the U.S. for that employer.

At the discretion of US Citizenship and Immigration Services (USCIS), initial H1B visa status can be granted for up to 3 years. Subsequent H1B visa status may be granted up to 3 additional years, with a total of 6 possible years of H1B visa status.

However, in recent event taking place in U.S immigration department is making it harder for applicant who are willingly applying for H1B, there has been current cases where rejection majority of H1B visas took place. There is nothing like too early getting a good H1B Sponsor can be a challenge these days. You need to find a job that fits your profile and find a sponsor that has a job for you. Some employers want to test out the capabilities of the candidate before they plan to sponsor H1B Visa. Typically, they would like students with masters from US work for them on internship or co-op. If they like the candidate then they will sponsor H1B visa.

To apply for H1B there are certain requirements you have to meet like; specialty occupation is an occupation that requires theoretical and practical application of specialized knowledge that usually requires the equivalent of at least a bachelor's degree or equivalent work experience. Typical specialty occupation fields include architecture, engineering, mathematics, physical sciences, medicine, health, education, business specialties, accounting, law, theology and the arts. Fashion models of distinguished merit and ability may also qualify for an H1B visa.H1B visa applicants may also be required to meet certain health and character requirements.

It is very important for you have the entire necessary requirement to be met in order for you to be successful candidate for the HB1 visa. For additional information how you can apply for the HB1 visa you can ask our immigration legal expert at Akrami and Associate.