| What
is H1B ?
|
The Temporary Professional Worker visas are available to
individuals with a four year bachelor's degree from the U.S. or abroad seeking a professional position
with a United States employer. Three years work experience for each year of university education missing
would be deemed equivalent to a four-year bachelor's degree.
The visa is available for a maximum of six years and also can lead to permanent residency.
For a fiscal year, beginning October, there is a maximum of 65,000 H-1B visas
issued. Exceptions from the quota for H-1Bs hired by institutions of higher learning, affiliated
research organizations, nonprofit research organizations and governmental research organizations.
This exception is estimated to account for between 6,000 and 10,000 H-1B visas per year.
|
Who can be a sponser?
|
Qualify as a U.S. Employer. The employer must have a U.S. taxpayer
identification number. Foreign businesses not established in the U.S. cannot use this visa to bring employees
into the country.
Obtain an Approved Labor Condition Application. The employer must prepare and file a Labor Condition
Application (LCA) with the Regional Office of the Department of Labor (DOL). The LCA is a form that must
be carefully prepared and posted in two conspicuous places at the work site. The form requires the employer
to describe the position and the salary. The LCA also requires the employer to attest to complex facts
concerning the wage, working conditions, labor conditions and the giving of notice.
File with U.S. Immigration and Naturalization Service (INS). Once the LCA is approved, the employer files
a petition with the INS. The employer must document that the position requires the service of a person in
a specialty occupation. This means a person who is working in a professional position and who has a minimum
of bachelor's degree or its equivalent.
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