H-1B - Professional Employees
General Information:
The H-1B Non-Immigrant Visa is designed for professional people who are
coming to the United States to work for an employer in "Specialty Occupations".
A maximum of 65,000 H-1B visas are issued every year. An additional 20,000 H-1B
visas are available to foreign nationals with a minimum of a Masters level
degree from a US academic institution. Employees of institutions of higher
education, related or affiliated nonprofit entities, or nonprofit or government
research organizations are not subject to the numerical limit and may file at
any time. Visas are issued for three years and may be extended for an additional
three years.
You may pursue a Green Card application through employment sponsorship in
any other category. The list of specialty occupations includes, inter alia,
Financial Analysts, Doctors and Nurses in managerial positions, Scientists,
Architects, Lawyers, Accountants, Computer Analysts, Web Designers, Programmers,
and Engineers. A Bachelor degree is required (or the equivalent in work
experience). Spouse and unmarried children will be entitled to H-4 Derivative
status.
The "Temporary
Professional Worker" visas are available to individuals with a four-year
bachelor's degree from the U.S. or abroad seeking a “Specialty Occupation”
position with a
United States employer. Under recent
interpretations, the employer can be a corporation owned entirely by the
foreign professional and/or his/her family. The visa is available for a
maximum of six years and there’s the possibility that it could lead to
permanent residency.
Visa Applications:
All H-1B petitions are filed with the appropriate United States Citizenship
& Immigration Services (USCIS) office by the US Employer. If you are outside
the US and your petition is approved you will have to apply for an H-1B Visa
in the US Consulate at your country of residence. If you are already in the
US in a different status you may apply for a Change of Status to H-1B.
However, if you leave the US, you will have to apply for an H-1B Visa at a
US Consulate in order to be admitted again in this status.
Extension of Stay in the US and Change of Status:
When you come to the US with an H-1B Visa, the Immigration Officer at the
port of entry will usually grant you permission to stay (a Status) for the
period up to the date your visa expires. This Status may be EXTENDED or
CHANGED to another status for example, to B1-B2, H, L, E-1, E-2, F/J/M OR
Green Card.
Frequently asked questions:
I am in the US on an H-1B Status, can I change my employer?
Yes. Your new employer may file an amendment petition to your H-1B to
reflect the change. However, if you leave the US you will have to apply for
a new H-1B visa at a US Consulate in order to be admitted again in this
status.
When can I start working for my new employer?
You may start working for the new employer on the date s/he files
an amendment petition on your behalf.
How long does it take for the USCIS to make a decision on my
application?
A decision can take approximately 180 days. Sometimes, the USCIS issues a
"Notice of Action" requesting additional documents and/or information to
support your application, and this procedure affects the processing time. If
you apply for a change of your status in the US you may check your case
status online.
Can an H-1B holder work part time?
No. But you may work part time in two separate jobs and for two different
employers, which together equal a full time job.
My spouse is on an H-4 status, can s/he work?
No. A person on an H-4 status is not permitted to work. If he or she finds a
job, s/he may contact us to check his/her options to change status from H-4
to for example, to B1-B2, H,L, E-1, E-2, F/J/M OR Green Card, or any other
category, which may allow him/her to work for that employer.
Do I have to come to your office in order to file the application?
No. Petitions to EXTEND / CHANGE status and visa petitions generally do not
require a personal meeting in our office. We provide services to many of our
clients nationwide through mail, fax and email correspondence.
How do I start a case?
To start a case you will have to provide us with your resume and a profile
of the company who wishes to sponsor you for the Visa. We charge $275.00 to
evaluate a case. The payment is non-refundable. However, if a decision is
reached within 30 days to employ the services of our firm, the payment for
the evaluation will be credited toward the additional legal fees expected to
be paid for this service.
**This is general information and is NOT intended to provide legal advice.
