The INS has a special visa for temporary foreign
professionals hired by a U.S. employer, known as the H-1B.
H-1Bs can be hired only for "specialty occupations," jobs
requiring the equivalent of at least a bachelor's degree in
the field.They must be professionals such as doctors, engineers,
professors, accountants, lawyers, physical therapists, and
computer professionals, but can apply to a host of other jobs.
Under current law, no more than 107,500 H-1B visas can be issued this year, with the cap dropping to 65,000 per year next year.
In order to qualify, the employer must demonstrate
that the position requires a professional in a specialty occupation
and that the intended employee has the required qualifications.
Typically, the minimum qualification is a university (bachelor?s)
degree or its equivalent.Employers must also pay a wage to
every H-1B worker the prevailing wage, that is at least
as much as what is typically paid in the region for that type
of work. Employers cannot make the H-1B nonimmigrants work
under conditions different from their U.S. counterparts.
Since 1998, H-1B employers are required to pay an additional fee per visa to fund education and training programs for U.S. workers. The fee is currently $1,000, in addition to a $110 filing fee.
The H-1 visa is issued for 3 years, but can be
extended up to 7 years.Presently, the processing of such visas
takes between 4-6 months. As such it often is the quickest
method of obtaining legal status with the right to work in
the U.S. and a good alternative for persons with a university
degree.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737.
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