To obtain an H -1B Visa for the prospective employee, the employer must first offer the employee a job customarily requiring a Bachelor’s or an advanced degree in the alien’s field.
After a job offer has been made and accepted, our office can then file to receive the visa classification and its accompanying work authorization. In most cases, this classification can be requested for a maximum of three years. An extension for a second three-year term is possible.
The employee must be qualified or licensed for the position, and the position must require, minimally, a university level degree in the same field as the foreign national’s major field of study.
The position offered to the employee must meet the requirements of a “specialty occupation”. Such employment must require theoretical and practical application of highly specialized knowledge. A four-year or graduate degree or the equivalent in that “specialty” generally qualifies the person for this visa.
Note: The employer must also have filed and been approved for an LCA. We can assist the employer with this requirement if an LCA for this position, if the LCA has not already been filed and approved. This step takes approximately one to three weeks depending upon the location of the job.
The employer is not required to recruit American workers. The employer must be willing to pay the employee the prevailing wage in their geographical area and all other H Visa workers, as the visa is designed to facilitate temporary employment of foreign professionals.
We are available to assist the employer and the beneficiary in preparing the entire application and package once the job offer is made and accepted.
For assistance with your H visa needs, or for more information on which visa is best for your circumstances, contact our office today!