H1-B Non-Immigrant Visas

•  The H1-B is for professionals who are coming to work in a specialty occupation with a degree of bachelors or higher. The worker may qualify based on years of employment experience that are determined to be equivalent to a bachelor’s degree.
  
• The visa allows individuals who are offered a position with a U.S. employer to work for that employer as long as the position is in their field.
  
• Typical H1-B occupations include computer programmers, systems analysts, architects, engineers, doctors, accountants and college professors.
  
• H1-B visa is initially valid for three years. The maximum number of years an individual may remain with the H1-B status is six years. If a labor certification has been pending for more than 365 days, petitioner can request further extensions.
  
• The Labor Condition Application (LCA), Form ETA 9035, must be filed with the
  Department of Labor – this can also be done online.
  
• The petition for Non-Immigrant Worker, Form I-129, Supplement H, Form I-129, G-28, certified form ETA 9035 received from the Department of Labor must be submitted to the USCIS at the address indicated for the location of job along with the requisite fees payable to Department of Homeland Security.
  
• The employer must demonstrate that the position requires a person in a “specialty occupation”. This means a position that requires a minimum of a bachelor’s degree or its equivalent in experience and/or education in a specific field related to the job.
  
• The employer must maintain a public access file containing information about the required wage to be paid to the H1-B worker and the posting of notice. The employer must also maintain wage and hour records, as well as information concerning working conditions for all similarly situated employees.
  
• The employee must maintain lawful status in the United States. To maintain the current H1-B status, the employee must continue to work for the sponsoring employer. However, the H1-B visa holder may change employers if the new employer files a petition on his or her behalf.
  
• If the employer terminates the services of the employee prior to the expiration of the H1-B status, the employer is also responsible for paying the employee’s return transportation to his or her last foreign residence.