CLICK HERE FOR THE MOST RECENT FY 2008 H-1B CAP COUNT FROM THE U.S. CITIZENSHIP & IMMIGRATION SERVICES	CLICK HERE FOR A LIST OF THE MOST RECENT NEWS FROM THE U.S. CITIZENSHIP & IMMIGRATION SERVICES REGARDING THE H-1B CAP AND ARTICLES REGARDING H-1B VISAS BY LONG, CHANG & ASSOCIATES, L.L.P.

H-1B Visa

OVERVIEW

The H-1B visa allows foreign workers to enter the U.S. and work in "specialty occupations" in a variety of fields ranging from architecture and engineering to health and medicine. The H-1B visa offers a wide range of employment possibilities and is a logical first step toward permanent immigration.

In order to qualify for H-1B classification, the applicant must have at least a U.S. Bachelors Degree from an accredited university, or its equivalent, AND the job sought must require at least a U.S. Bachelors Degree, or its equivalent. Because this is not a self-petitioning category, the applicant must have a sponsoring employer in the US.

The spouse and unmarried children under age of 21 are allowed to accompany or join the H-1B worker as H-4 dependents. Persons in H-4 status cannot work in the U.S., but they can enroll in and attend schools in the U.S. without obtaining a separate visa.

The laws regarding the H-1B visa are in constant flux and applicants seriously considering this category as a means of working in the U.S. on a temporary basis should stay informed and updated as much as possible. Because an applicant's circumstances and the circumstances of his dependent family members may require special attention, the following information is not tailored to any one individual but provides general information about this category.

STEPS

Because the H-1B visa requires a U.S. employer as a sponsor, the applicant must find a U.S. employer who is willing to hire the applicant on a temporary basis, pay the applicant the generally accepted wage for the offered position in their geographic location ("prevailing wage"), and file the petition along with supporting documentation with the United States Citizenship & Immigration Services (USCIS).

The petition process begins when the sponsoring employer files a Labor Condition Application (LCA) with the Department of Labor. Upon obtaining an approved LCA the employer files can then file Form I-129 (Petition for Non-immigrant worker), H supplement, and W supplement with the USCIS office having jurisdiction over the place of employment.

If either the employer or the applicant wishes to expedite the H-1B petition with the USCIS so that an initial determination is made within 15 days of the filing, the employer may request premium processing for an additional fee of $1,000 and the filing of Form I-907 with the H-1B petition.

After the H-1B petition approval, the USCIS will send Form I-797 (Notice of Action) to the employer advising them of the approval. Once the employer notifies the applicant of the approval of the H-1B petition, the applicant can begin the H-1B visa application process at the U.S. Consulate in his home country.

LEGAL SOURCES

INA Section 214(g): H-1B Cap Figures and Exemptions

LISTING OF U.S. CITIZENSHIP & IMMIGRATION SERVICES PRESS RELEASES REGARDING THE
H-1B CAP AND ARTICLES ON H-1B VISAS BY LONG, CHANG & ASSOCIATES, L.L.P.

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