All that you should know about H1-B Visas
How can an employer obtain a H-1B visa for his employee? The H-1B petition process begins
when an employer files for a petition for his employee. An employee cannot apply for an H-1B
visa. H-1B visas are subject to change every year and is determined by the US congress.
The basic H-1B visa requirements need to be fulfilled by the employee if he/she desires to work
in the country. The applicant must possess a minimum of a bachelor's degree or its equivalent
(A 3 year degree plus a 3 year relevant post graduate experience is required). Professionals like
doctors, lawyers, accountants and others must be licensed to practice in the state of intended
employment. Non-graduates may be employed on an H-1B visa where they have sufficient
proof that they are equivalent to a graduate or have twelve or more years of experience in the
After getting done with the formalities of H-1B visa application the next step is to file a Labor
Condition Application (LCA) with the Department of Labor (DOL). This is an essential step for
the H-1B petition itself. Why do we file for an LCA? This is to ensure that the employee is being
paid atleast higher wages than workers in the same company. The initial H1-B visa that will be
issued will be up to three years. That can be further extended to two years then later on to one
year, and then for a consecutive 6 years.
The number of H-1B visas that can be issued each year are subject to changes and are
determined by the US Congress. Currently the cap is set at 65,000 plus additional 20,000 for
foreign students. The visa holders family members are permitted to live in the US during the
period till the H-1B visa is in effect, but cannot be a paid employee. The spouse and children of
the visa holder can move and live in the US, but can't work unless they obtain a work visa of
their own. During this term the visa holder can apply for permanent residency. This is called
"Dual Intent" visa which is a benefit that other U.S. visas do not enjoy.
Zhang and Attorneys, L.P. helps employers get non-immigrant working visas for their
employees. They have experience in employment immigration petitions and ensure that all
your H1-B visa requirements are taken care of.
For more information, visit: http://www.hooyou.com/h-1b/h1b_requirements.html