APPLYING FOR AN H-1B

APPLYING FOR AN H-1B

 

The H-1B visa application is extremely complex and time consuming and the additional requirement of the Labor Condition Application (LCA) does not make it an easier. And that is why we are here to help!

 

What is H-1B?

H-1B program is used only to employ foreign workers in specialty occupations. The law defines specialty occupation as one requiring theoretical and practical application of a body of highly specialized knowledge, and an attainment of a bachelor’s or higher degree in the specific specialty. Simply put, you have to be highly skilled in occupations such as but not limited to engineering, architecture, and computer science.

 

How do I apply for an H-1B?

Only the U.S. employer may apply for an H-1B for the foreign employer that it seeks to employ. Along with the non-immigration worker petition, an LCA must also be submitted to Immigration Services. The LCA basically is a certification that requires the employer to attest that it will comply with the required labor requirements.

 

 How does the H-1B cap work?

Currently the H-1B has a limit of 65,000 visas each year. Of course this visa limit is very quickly met leaving a lot of applications getting denied. However, if you have a U.S. master’s degree or higher, the first 20,000 petitions are exempt from the cap. Another good news is, if you are being employed by nonprofit institutions or institution of higher education, then again, you would not be subject to this numerical cap.

 

How long can I stay after I get my H-1B?

After your H-1B application is accepted, you are admitted for a period of 3 years. The time can be extended for an additional 3 years but cannot go beyond a total of 6 years.

Another thing to note is that if you employer terminates your employment before the authorized time, the employer will be liable to pay your transportation costs. However, a voluntary resignation would relieve the employer of this duty.

 

We hope you have a better familiarity with the H-1B process. For further questions please don’t hesitate to contact us at 212-248-7907.