H-1B (Specialty Worker) Visa
The
H-1B or “Specialty Worker” visa
is available for a United States company who wishes to directly
employ a foreign individual, for a temporary period (initially
3 years) in a "specialty occupation.” A specialty
occupation is defined as "an occupation, which requires
theoretical and practical application of a body of highly specialized
knowledge to fully perform the occupation." The position
or the job for which the foreign national would be hired must
be one that requires a baccalaureate or a higher degree or the
equivalent, and the degree requirement must be common to the
industry or the company must show that it normally requires
the degree in such position. The H-1B specialty worker status
is limited to an initial three years period, but can be extended
upon application for not more than three more years, for a total
stay of six years.
To
obtain an H-1B nonimmigrant visa, a
United States company must file a petition at the regional Citizenship
and Immigration Service (CIS) service center. When filing the
petition the company must post a job-site disclosure, declaring
the actual salary paid, and all the locations where the foreign
national will be employed. The company must also file a Labor
Condition Application with the U.S. Department of Labor, attesting
that it is offering the foreign national not less than the prevailing
salary for such a position in the region of employment.
The
filing process for an H-1B petition is quite complicated and
the requirements are quite extensive. Therefore, it is recommended
that one should seek professional help to prepare it.
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