H-1B Professionals

We have filed successful H-1B petitions for computer professionals, doctors, engineers and many other job categories for jobs located throughout the United States. Send us email if we can help you. Here is information about the H-1B category:

• H-1B workers are admitted to the United States for three years, which may be extended to a total of six years. The H-1B category is intended primarily for "professional" workers. A bachelor's degree is usually the minimum qualification. Not only must the worker hold such a degree, the job itself must require such a degree. Examples of H-1B occupations include computer programmers, engineers, teachers, doctors, physical therapists, and many others. Any occupation where a bachelor's degree (or higher) is normally required will qualify.
   
• What if you don't have the necessary degree? Citizenship and Immigration Services (CIS, the former INS) will accept work experience in place of a degree in some cases. The CIS requires three years of experience for every year of formal education that is lacking. For instance, a computer programmer with a two year degree and six years of experience may qualify. An evaluation of the applicant's education and experience by a university professor is usually required as well. Our firm has obtained H-1B visas for many individuals who lack a full four-year bachelor's degree.
   
• You cannot get an H-1B unless you have a job offer. The employer must file the petition on behalf of the employee.
   
• The base filing fee for an H-1B petition in every case is $320. Effective December 9, 2004, there is a new surcharge of $1500 for most H-1B petitions. The surcharge is reduced to $750 for employers with no more than 25 employees. There are several exemptions to the surcharge, including universities and affiliated institutions such as teaching hospitals, primary and secondary schools, and second extensions filed by the same employer. Beginning March 8, 2005, there is an additional surcharge on top of that in the amount of $500. This will apply to all first-time H-1B petitions and change of employer petitions.
   
• The employer must also file a form known as an "LCA" (Labor Condition Application) with the Department of Labor, and the form must be certified by the Department of Labor. The LCA is a promise by the employer to pay the prevailing wage to the H-1B employee, and to pay the H-1B employee at least as much as U.S. workers doing the same job. Notice of the LCA filing must be given to employees in the same occupational classification, either by physical posting at the jobsite for 10 days, or by electronic means. Employers are often concerned about this notice. In our experience, this notice seldom causes problems at the worksite. Information about the LCA must be kept by the employer in a "public access file."
   
• If a person in H-1B status gets a new job, the new employer must file another petition and pay a new filing fee. Although this is sometimes called a "transfer," it is really a new petition and must contain all the same evidence and satisfy the same requirements as the original petition. Under the new H-1B "portability" rules, previous H-1B holders can begin work for a new employer as soon as the petition is filed. People who have not previously held H-1B status must still wait until the petition is approved. To take advantage of portability, the person must have been lawfully admitted to the United States, and must not have worked without authorization.
   
• What happens if you are laid off from one job, and then a new employer wants to file another H-1B petition for you? If you ask for an extension of stay, you must provide proof that you are still working for the previous H-1B employer. If you can't do this, the CIS will make a finding that you have violated your status. This causes many problems. For instance, it means your existing visa is void and you must return to your home country to get a new visa. The solution? Don't ask for an extension of stay! That way, the CIS will not make a finding you have violated your status. You can start working for the new employer after you leave the U.S. and return. Often this can be done with a one-day trip to Canada. The CIS will usually overlook a brief gap in employment, but there is no official grace period.
   
• There are a limited number of new H-1B visas available. Beginning October 1, 2003, this was reduced to 65,000. The cap was reached on February 17, 2004 for the fiscal year beginning October 1, 2003.  New H-1B visas for the fiscal year beginning October 1, 2004 were exhausted even earlier, on October 1, 2004. On August 10, 2005, the quota for fiscal year 2006 was reached. The cap for fiscal year 2007 was reached on May 26, 2006. On April 2, 2007, the quota was exhausted on the first day. The same thing happened again in April 2008. There has been a big change in 2009. About two-thirds of the available visas were used up in April 2009. The supply was not exhausted until December 21, 2009. H-1B visas are currently available for FY 2011, for jobs starting on or after October 1, 2010. These limits do not affect current H-1B holders who are changing to new employers and do not affect people seeking an extension of stay in H-1B status. Also, university employers and certain nonprofit research organizations are exempt from the cap, as are J-waiver doctors.
   
• A new law, effective March 8, 2005, allows an exemption from the cap for people with master's degrees earned at a university in the United States. The law allows for the approval of 20,000 such petitions each year. These were used up for Fiscal Year 2007 on July 26, 2006. They were used up for Fiscal Year 2008 on April 30, 2007. They were then used up in the first week in April 2008. In 2009, visas remained available until December.
   
• Another new law provides 10,500 E-3 visas for Australian citizens. The E-3 is very similar to the H-1B, except that it is issued in two-year increments instead of three; it can be renewed indefinitely; and the spouse of an E-3 is allowed to work as well. There is no I-129 petition required for an E-3 who is out of the United States; application is made directly to the U.S. consulate.
   
• Once the petition is granted, an employee who is outside the United States can obtain a visa and enter the United States. Canadian citizens don't need visa stamps. The employee can only work for the employer who filed the petition, and may only work in the specific job described in the petition. Family members can enter also as "H-4's," but cannot work.
   
• H-1B petitions are filed by mail or courier at the Vermont Service Center or California Service Center, depending on where the job is located. They take about two to three months to process. For an extra $1,000.00 filing fee, the INS will process an H-1B petition in just 15 days. This is a big help in urgent cases.
   
• If you hold an H-1B, you are allowed to have the intent to remain permanently in the United States. This is different from many other nonimmigrant categories, such as students and visitors. Many H-1B employees begin the green card process while working as an H-1B. This requires the sponsorship of the employer. Since the green card process takes several years, it is important to begin before you have used up too much of your six years of time in H status. Under a new law, H-1B workers can get additional one-year extensions after the usual six years, if a labor certification or immigrant petition was filed at least one year previously. In addition, if a worker has an approved I-140 immigrant worker petition, but cannot get a green card because of retrogression in priority dates, the person can get three-year H-1B extensions beyond the six years.

H-1B applications are complicated. Three separate government agencies must be satisfied before the employee qualifies. Get help! We have filed hundreds of successful H-1B petitions for foreign workers from all over the world.