Specialist Worker/Prof. H-1B WORK-BASED GREEN CARDS MEDICAL PROFESSIONAL IMMIGRATION FAMILY- SPONSORED IMMIGRATION GREEN CARDS FOR ABUSED OR WIDOWED US CITIZENSHIP BUSINESS INVESTOR OPTIONS Back to Home Page
Our Web Site is available in: CZECH FRENCH GERMAN HUNGARIAN SPANISH		"Specialist" Worker/Professional H-1B The primary work visa under which U.S. companies and other institutions employ foreign workers is the H-1B visa. This visa is for professionals and workers in "specialty occupations". (It is possible for a foreign worker to form his own company in the U.S. that sponsors him for the H-1B visa). The U.S.-Chile Free Trade Agreement and the U.S.-Singapore Free Trade Agreement created new H-1B visa for citizens of Chile and Singapore. The primary requirements for the H-1B visa are the following: A U.S. employer must offer the foreign worker a job which requires a specialist worker who holds a 4-year university degree or the equivalent in practical experience in the field. In determining whether practical experience is the equivalent of a 4-year university degree, 3 years of practical experience are considered the equivalent of one year of university education, and so a person who has not studied at the university would need 12 years of practical experience. The U.S. employer offering the job must also offer what is called "the prevailing wage". The prevailing wage is the average wage which workers in the same type of position are earning in the region where the U.S. employer is located. The foreign worker must have sufficient qualifications to fill the position. As mentioned above, the worker must have either a 4-year university degree in the same or similar field, 12 years of practical experience in the same or similar field, or else a combination of university studies and practical experience equal to a 4-year university degree in the same or similar field. The H-1B visa is usually granted for a period of 3 years, and can be renewed for another 3 years, but 6 years is the maximum number of years allowed under the H-1B visa without a 2-year stay back in the foreign worker’s home country. However, extensions beyond 6 years are possible when a labor certification for permanent residence is pending for more than 1 year, or when a labor certification and an I-140 petition for permanent residence have been approved. It is important to bear in mind that the H-1B visa is subject to an annual quota of 65,000, which is typically exhausted very quickly. There are an additional 20,000 H-1B visas available to graduates of advanced degree programs in the U.S. Out of the 65,000 quota, there are 5,400 H-1B visas set aside for citizens of Singapore and 1,400 H-1B visas for citizens of Chile. (For details of the Chilean and Singaporean H-1B visa please visit our page for H-1B visa for Chile and Singapore. H-1B visas are exempt from the quota if they are for an employer that is a college or university (government or private, non-profit), related or affiliated non-profit entity, non-profit research organization, or governmental research organization. A foreign worker can apply for the H-1B visa in one of two ways. If the person is present in the U.S. in most types of valid non-immigrant status, the person can apply to change to H-1B status from within the U.S. by applying to the U.S. Citizenship and Immigration Services (CIS). If the person is located outside of the U.S., or is visiting the U.S. under the Visa Waiver Program, then that person’s sponsoring employer must apply at the CIS service center. Once the CIS approves the petition, the foreign worker must apply to the U.S. consulate in the country of his residence. Additional advantages of the H-1B visa: The H-1B worker can petition for permanent resident status without any concerns that he may encounter problems in trying to renew his visa. While the maximum period of time allowable for most H-1B visas is 6 years, extensions beyond 6 years can become possible through pursuing permanent resident status, as explained above. The information above is intended as a general description. Each individual's case requires specific advice and our firm offers an introductory consultation to review your case, the cost of which can be rebated against any retainer. We can assist you in getting settled in any U.S. state.
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		© 2003 Anthony Olson, P.A. All logos and trade marks or names are the property of their respective owners and are used for identification purposes only. Page uploaded 12/05/2007.