The H-1B visa is a pillar for businesses wishing to bring in foreign workers into the USA, and similar to the H1-B visa is a cornerstone of GetMeAVisa, with many of our clients wishing to work inside the United States of America. The H-1B visa is issued to those who work in specialized occupations and professions; this would include but not be limited to accountants, architects, computer specialists, doctors of medicine, engineers, lawyers, specialist nurses, professors/teachers, and scientists. The position applied for must usually require a bachelor’s or higher degree or equivalent experience; H1-B applications by those without a degree are subject to greater scrutiny and are much more difficult to obtain. It is highly recommended that with or without a degree, you contact GetMeAVisa for assistance on your application.
If you are running your own business or wish to transfer key management or persons of specialized knowledge within your company operating in your home country to a branch inside the USA, please instead consider the L-1 Visa category.
The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 people who will be performing services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or coproduction projects.
In the United States of America, many professions are licensed and controlled by individual States, this results in 50 different licensing procedures for each profession. For some professions, a license is a prerequisite to being allowed to work in a particular job, therefore the license must be obtained by the applicant prior to the employer submitting a petition on their behalf. However, in most states, professionals such as accountants, architects, engineers and lawyers who work for a company rather than in the public sector, are not required to obtain a license.
Employer’s duties on H1-B Visa Applications
The employer must first file a Labor Condition Application (LCA) with the Department of Labor before they can ‘sponsor’ a potential employee for an H-1B visa. The prevailing wage for the position in the locality must be obtained from the Department of Labor or another source. The required wage for the position is the higher of the ‘actual wage’ paid to other employees in the same position or the ‘prevailing local wage’, which can be determined using one of the various wage surveys available, including the employer’s own wage survey.
Employers do not have to prove they cannot find a US worker before applying for H1-B
There is a popular myth that states employers must prove that they could not find a U.S. worker before they hire an H-1B worker. Contrary to this myth, in the case of ‘H-1B-dependent employers’ (e.g. those with over 15 percent of workers with H-1B visas), the law requires them to recruit U.S. workers in ‘good faith’, but there is no effective enforcement mechanism.
The petition for the H-1B visa requires the prospective employer to provide certain information and documentation, including but not limited to the Employer’s need for a Professional to fill the position along with the applicant’s professional abilities. This would also include documentation such as their qualifications and their resume/CV.
H-1B visas are issued for up to three years, although this can depend heavily on the citizenship of the employee. A citizen of certain countries may well receive the H1B visa for shorter periods of time– from one month to two years. Extensions of up to three years may be granted, making a maximum of six years. It is possible for an H-1B visa holder to change her or his status (known as ‘adjustment of status’) to that of a permanent resident (Green Card) while in the US, provided an employer will act as a sponsor. If you wish more information on this, please call GetMeAVisa or request a callback
For further Information on the H1-B Visa Application Process:
Please use the contact us form to the right of this page or call us on UK 0207 0784 127 and we will be able to discuss your individual circumstances or book you a consultation with one of our highly experienced US Immigration Attorneys.