H-1B – A Non-Immigrant Visa option for us Employers


An H-1B temporary worker is a foreign national who is coming temporarily to the US to perform specialty work. A specialty occupation is defined as “an occupation that requires (A) theoretical and practical application of the body of highly specialized knowledge and (B) achieved a bachelor’s or higher degree in the specific specialty as a minimum for entry into the profession in the United States.” [INA214 (I); 8USC 1184 (i)]

For example, accountants, architects, schools (primary and secondary, not primary teachers), university professors, certain types of nurses, attorneys, doctors and engineers will all be considered as H – 1B workers. The only way to make a decision on whether a particular employee will qualify through advice from an experienced immigration attorney.

The H-1B visa remains one of the most versatile nonimmigrant visas employment used by US companies to hire foreign workers. Here is a list of things to keep in mind when filing the H-1B petition.

LIMITATION during your stay and full-time / part-time

Generally, the maximum amount of time an individual can hold H-1B status is 6 years. The employer may request initial employment for up to 3 years and then may request an extension for another 3 years. However, exceptions to allow H-1B extension beyond the first 6 years. The employer may request a foreign worker for either full or part time.

Prevailing Wage

Prevailing wage element requires employers to demonstrate that the salary offered will not discriminate against us workers by offering wages that are lower than the actual salaries paid to similar workers. In general, the prevailing wage is met by offering wages determined by sending prevailing Wage request to the State Workforce Agency or demonstrate that the integration agreement is in force. The H-1B laws require employers to pay the higher of the actual wage or the prevailing wage.


The LCA is a program that employer Department of Labor attesting to certain conditions position available. These conditions are:

1) higher actual or prevailing wage be paid

2) the employee is eligible for the same benefits as other similarly employed workers us; ..

3) that the employee is not employed because American workers are out on strike or lockout, ..

4) the employment of the foreign national will not adversely affect the living conditions of other employees; and

5), that the notice was given to us employees or union representatives if the position is a union position.

The LCA must be made available for the Department of Labor (DOL) and the general public. LCA can be obtained online at http://www.lca.doleta.gov .

spouse or children of H-1B

spouses and children of H-1B are eligible for H-4 visas. H-4 is either spouse or unmarried children under 21 years. H-4 owners can not work in the US are eligible to attend school either part time or full time. To prove the relationship with the H-1B H-4 candidate must present a marriage certificate if a spouse or a child birth.

filing fees

Generally, the employer must pay the H-1B Form I-129 application fee ($ 320), H-1B Training Fee either $ 750 or $ 1,500 depending on the size of the company, and Fraud Prevention and Detection Fee ($ 500). All employers must pay these fees unless the employer qualifies for exemption from the H-1B Training Fee.

If the company currently employs 1-25 full-time equivalent workers, H-1B Training fee is $ 750. Companies that employ more than 25 full-time equivalent employees will have to pay $ 1500. The employer must pay the H-1B Training Fee first at first H-1B extension the same employer. The H-1B Training fee is not required for the second and subsequent petitions for H-1B extension. The Fraud Prevention and Detection fee must be paid when the employer hires the original employee even if he or she is now working as an H-1B with another employer.

A simple way to remember this is that every employer has to pay for the H-1B Training Fee twice for each H-1B worker and H-1B Fraud Prevention and Detection fee must be paid once for each H- 1B employee.

filing method

Documents filed with the USCIS service center having jurisdiction over the petitioner is either the California Service Center or Vermont Service Center. The applicant must submit Form I-129, I-129 additional forms, approved Labor Condition Application, support document on the activities of the petitioner, and documents showing the qualifications of applicants. If there are dependent / s the form I-539 must be filed with proof connection with the H-1B, namely marriage or birth or both. Only one I-539 must be submitted as children listed on the application. Current Form I-539 application fee is $ 300


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