H-1B For Professionals Working In A Specialty Occupation
A professional holding a Bachelor’s degree or its equivalent with a job offer that requires the degree may qualify for H-1B status. The U.S. employer must submit the appropriate paperwork to U.S. Citizenship and Immigration Services (USCIS) in the U.S. First, the employer must obtain an approved Labor Condition Application from the Department of Labor. In this application, the employers attest that they will pay the foreign worker the appropriate salary and that the working conditions will be the same as other U.S. workers. Once the labor condition application is approved, the petition may then be submitted to USCIS. An H-1B employee is only authorized to work for the employer sponsoring the application. The H-1B status may be approved for up to three years, and it can be extended for a total of six years. If an application for permanent residence is submitted at least one year prior to the end of the sixth year, additional yearly extensions may be granted. Spouses and minor children are eligible for H-4 dependent status; however, they are not eligible for employment authorization. Because there are a limited number of H-1B visas available for most employers, a foreign worker may have to wait before they can begin employment. This quota does not apply to employers who are institutions of higher education, entities affiliated with institutions of higher education and nonprofit research organizations. Pursuant to free trade agreements, there are also H-1B1 visas available to professionals from Chile and Singapore. There are 1,400 H-1B1 visas set aside for Chileans and 5,400 for Singaporeans separate from the general H-1B quota.ContactWare | Immigration to schedule your consultation at 504-830-5900. Located in Metairie, providing greater New Orleans and all of Louisiana with employment immigration solutions.
