The H-lB non-immigrant visa may be used to bring a worker temporarily to the United States if the employee will work in a ‘specialty occupation’ or a professional position. The Immigration Act of 1990 made significant changes in the employer’s obligations with respect to obtaining the H-lB Visa; the forms used to apply for the visa; and the application procedures. Be sure to consult with an attorney experienced in immigration matters to be certain that this is the appropriate Visa category for your purposes.
H1-B Visa Processing is a two-step process:
- Obtaining the Labor Condition Application, (“LCA”), wherein the Employer/Petitioner files the LCA applicaion before the Federal Department of Labor,(“DOL”) promising among ohter things that the “Prevailing Wage” for the place and occupation in which the H1B employee will provide services, will be paid by the Employer/Petitioner. (This is to ensure that cheap labor does not come from abroad and undercut the US labor force and thereby reduce thier standard of living).
- Filing of the H1-B Petition with the U.S Justice Departments, Immigration and Naturalization Service,(“INS”), alomg with the approved LCA.
The H1-B, among other things, requires two primary things, i.e.,
- The position that the H1-B Alien will occupy has to be that is in the “specialty occupation”, i.e., a job that requires a minimum of four years of undergraduate degree to perform; and
- The H1-B candidate must have a four-year degree in the relevant field, from a recognized U.S University, or it’s equivalent.