H-1B

H-1B:

U.S. businesses use the H-1B program to temporarily employ foreign workers in a specialty occupation that requires theoretical or technical expertise in a certain field, such as science, engineering or computer programming.

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• Employer sponsored work visa that allows foreigners to work on a temporary basis in the U.S. in a specialty occupation.

• Beneficiary must have a Bachelor's Degree (or equivalent).

• Allows someone to work for a company in a “specialty occupation” with an entry-level requirement of a Bachelor’s Degree (or equivalent) which is directly related to the professional position offered.

• Six-year maximum stay (with exceptions).

 

Petitions that are not counted towards the regular H-1B cap:

• Approximately 5000 is set aside for Chile/Singapore nationals

• Separate 20,000 cap for graduates with US Masters degree

• Cap exempt employers: institution of higher education, nonprofit/governmental research organization

• Beneficiary previously granted H-1B status in the last 6 years

 

Employers’ requirements:

• Must sign petition submitted to USCIS

• Employer must agree to pay “prevailing wage”

• Labor Condition Application (LCA) is required which is processed by DOL

• Must maintain “public access file” which supports attestations made on the LCA

• Must agree to pay costs of reasonable return trip home if terminated prior to H-1B end date

• Must notify USCIS of early termination of H-1B worker

• etc.

 

Process of preparing an H-1B application:

• Obtain LCA from the Department of Labor

• Submit detailed petition and necessary forms and supporting documents to USCIS

• Usually takes 3-6 months for USCIS to review

• Premium processing can expedite processing

 

Application Fees:

• $ 1500/$750 ACWIA Fee (paid by employer) (not necessary if cap exempt employer)

• $ 500 Anti-Fraud Fee

• $ 460 USCIS Filing Fee

• $ 1,225 Premium Processing Fee (optional)

• Additional filing fees for dependent family members

 

Speciality Occupation examples:

• Software Engineer – degree in Computer Science, Engineering discipline

• Financial Analyst – degree in Economics, Business Administration, etc.

• Market Research Analyst – degree in Marketing, Business Administration, etc.

• Human Resources Manager – degree in business disciplines, Psychology, Sociology

• Graphic Designer – degree in Design, Arts, etc.

• Accountant – degree in Accounting, Finance, etc.

• Fashion Designer – degree in Arts, Fashion Design, etc.

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Relevant Article:

The Latest Updates on FY2020 H-1B Application Processing

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