H1B program
What is H1B? Work visa
Summary:
- A basic processing fee of $460 must be paid, processing can take from three to six months.
- An optional premium processing fee of $1,225 may be paid-processing takes only two weeks.
- Employers with 25 workers or fewer pay a $750 fee; employers with more than 25 workers must pay an ACWIA fee of $1,500; all employers must pay a $500 fraud fee.
H1-B workers visa basics
- The H-1B nonimmigrant category is for foreign workers in "specialty occupations" and fashion models of "distinguished merit and ability." A "specialty occupation" is defined by USCIS as an occupation that requires:
+ Theoretical and practical application of a body of highly specialized knowledge
+ Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. In general, qualifying occupations are those requiring highly specialized and technical knowledge in fields including, but not limited to: accounting, architecture, biotechnology, computing, engineering, education, finance, healthcare and medicine, information technology, law, marketing, mathematics, telecommunications, the arts, the physical and social sciences, etc.
The H-1B classification is available, for a period not to exceed a total of six years, to a foreign worker:
+ who will be the incumbent in a temporary position.
+ who will perform services in a specialty occupation.
+ On whose behalf the employer obtained an approved Labor Condition Application LCA to ensure that the employer is not paying less than prevailing wages.
Availability of H1B Numbers annually
The annual H-1B cap is set at 65,000. The USCIS will exempt the first 20,000 petitions for H-1B workers who have a master's degree or higher from a U.S. institution of higher learning. After those 20,000 slots are filed, the USCIS will apply petitions for H-1B workers with a master's degree or higher against the annual cap of 65,000.
H1-B Filing Procedure (2 step process)
Step One
Obtaining Prevailing Wage Determination
An employer must obtain a prevailing was determination from an acceptance wage survey source or the local employment office that has jurisdiction over respective geographical area of employment. After obtaining the prevailing wage for the offered position, the employer must file an online LCA with U.S. Department of Labor.
Applying to the Department of Labor
An LCA is an application to DOL, whereby an employer assures DOL that hires a foreign worker would not detrimental to similarly situated U.S. workers. If certified, the LCA will then be submitted to USCIS along with the petition for H-1B classification.
Step Two
Filing with USCIS entails submitting proof of the qualifications and proof that the offered job conforms to the criteria set in place. Additionally, the employer must submit certain forms describing the job and providing certain basic information about the foreign worker and the employer.
