 |
| H1-B Non-Immigrant Visa is for Professional
Positions to work in the US. The H1 visa is for aliens who are
sponsored by a US employer coming to the United States to
perform 'specialty occupations'. 'Specialty occupations' are
defined by USCIS as those that require theoretical and
practical application of a body of highly specialized
knowledge to fully perform the occupation. This generally
requires a minimum of four years of collegiate education
better known as a bachelor's degree. |
| The importance of 'specialty occupation', as
defined above, cannot be overemphasized. Persons fulfilling
professional positions, such as lawyers, doctors, scientists,
computer professionals etc., are applicable beneficiaries of
this visa type. Persons with incomplete or non-specific
educational backgrounds will rarely be granted an H1-B visa,
except in some cases where education and experience in the
relevant area, or experience alone, may qualify. Aliens
applying on the basis of experience alone are normally
required to have twelve years of practice in the same
profession or field. |
| H1-B visas can also be granted for aliens
coming to the United States to work in cooperative efforts
with the United States Department of Defense or for artists,
entertainers, or fashion models possessing international
acclaim. |
| A Labor Condition Application must be filed in
conjunction with H1-B visa applications. |
| Information required / Checklist for an H1B
Processing |
| From the Company |
| A profile of the company (Soft Copy preferred)
|
| Date of Incorporation |
| Number of employees |
| Gross Annual Revenue/ receipts of the
company |
| Net Annual Income |
| Type of Business |
| Complete address |
| Telephone number |
| Tax ID |
| Name and title of the person signing the
petition |
| From the Individual |
| Passport copy |
| Foreign Address |
| If in US copy of Visa and I 94 (both back and
front) |
|
Social Security Number |
| Soft copy of the resume |
| Copies of Degree certificates &
transcripts |
| Education Evaluation if any |
| Experience letters |
| Previous approval notices, if any |
| Last arrival date into the US |
| Exact dates of stay on H1B Status, if any
|
| The H1B visa is for workers who will perform
in a specialty occupation. A specialty occupation requires
theoretical and practical application of a body of specialized
knowledge along with at least a bachelor’s degree or its
equivalent. For example, architecture, engineering,
mathematics, physical sciences, social sciences, medicine and
health, education, business specialties, accounting, law,
theology, and the arts are specialty occupations. |
| If the applicant has a college degree or work
experience and the job requires a college degree, then the
applicant should be able to obtain an H1B visa. |
| Spouses and children of H1B visa holders may
enter and remain in the US in H4 status. H4 visa holders may
attend school in the US but cannot accept employment, before
getting separate work permit. |
| H1C Visa |
| The H1C visa is for nurses who wish to work in
health professional shortage areas. Only 500 H1C visas are
granted annually. The visa is valid for three years and cannot
be extended. In order to qualify for the H1C visa, the nurse
must be licensed or have obtained a nursing degree in the US
and pass the NCLEX-RN exam. |
| H2A Visa |
| The H2A visa is designated for individuals who
will be employed as seasonal farm workers temporarily. The H2A
visa may be issued for a period up to one year and may be
extended for a three-year total duration. There is no
numerical limit to the number of H2A visas issued. A single
petition may be used to sponsor a large number of H2A visas
if: |
|
|
They will perform the same services;
|
|
|
They will work at the same location; and |
|
|
They obtain their visa stamp through the same US
Consulate. | |
| H2B Visa |
| The H2B visa is designated for individuals who
will be employed in a nonagricultural position, which are
seasonal, intermittent, or a one-time occurrence. Examples of
qualifying positions include travel agents, restaurant
workers, janitors, resort workers, amusement park workers and
landscape workers. |
| H3 Visa |
| The H3 visa is designated for individuals who
will come to the US to participate in a training program.
There is no numerical limit to the number of H3 visas issued.
In order to qualify the H3 visa, the petition must evidence
the following: |
|
|
The proposed training is not
available in the beneficiary’s home country; |
|
|
The beneficiary will not be placed in a
position which is in the normal operation of the
business, and in which citizens and resident alien
workers are regularly employed; |
|
|
The beneficiary will not be productively
employed except as incidental to training; and |
|
|
The training will benefit the
beneficiary in pursuing a career outside the
US. | |
| Spouses and children of H1B, H1C, H2A, H2B,
& H3 visa holders may enter and remain in the US in H4
status. H4 visa holders may attend school in the US but cannot
accept employment, before getting separate work permit. |
|
|
