THE HOLT LAW GROUP

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.