H-1B:
SPECIALITY OCCUPATION WORKERS
The H-1B category is a non-immigrant visa category. Individuals
who seek to enter the U.S. to work in a profession or specialty
occupation may qualify. Congress has set a limit on the
numbers of new H-1B workers at 65,000 each year. Each
year, H-1B visas run out due to the high demand for workers in
the H-1B category and the low numbers of visas available, so this
requires early planning by both employer and employee to ensure
employment. With the government fiscal year beginning October
1, it is advisable to file early to ensure a chance at application
approval. H-1B workers must be coming to perform temporary services
in a professional field, including accountants, graphic designers,
scientists, architects, computer occupations, or engineers. The
individual must have a minimum of a Bachelor’s Degree or
its equivalent in the field the profession requires.
Application Procedure:
Individuals must have employers willing to offer a position in
the U.S. in a professional or specialty occupation.
Employers
must pay a prevailing wage for the occupation. A Labor Condition
Application (LCA) is filed with the DOL, registering the wage
and prevailing wage for the occupation. The LCA is filed
with the proper CIS forms, supporting documents, and CIS filing
fees.
Additional
fees to be paid by the employer are Training Fees in the sum of
$1500 or $750 depending upon the size of the employer, and an
anti-fraud fee of $500. Processing times vary and depending upon
the volume of cases being filed at any given time.
Accompanying
Family Members:
Spouses and unmarried children (under 21 years ) are entitled
to H-4 visas or status for the same length of stay as the H-1B
worker. The H-4 spouse and dependent children may not engage
in employment in the U.S. but are permitted to attend school.
Parents do not qualify for dependent status, and domestics are
not permitted to accompany the H-1B alien while in the U.S.
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