Applying for the H-1B Visa Work Permit

Each US Work Visa is designed to draw on different strengths that an individual may offer the country. Those with University degrees often have amazing employment opportunities presented to them. As well as the chance to make a name for themselves. However, the the true challenge is convincing an immigration officer that you in fact worthy of acceptance.  That entails both fulfilling all the requirements, and presenting a professional application package.

Niren & Associates has over 14 years experience with preparing applications for foreign workers.  We work closely with your immigration needs, and help to guide you every step of the way.

What You Need to Qualify for an H-1B Visa

In order to qualify for an H-1B Visa:

You must perform services in the U.S. in a specialty occupation. +You must have a job offer from a U.S employer that offers you the “prevailing wage” paid in the same U.S. geographic area for similar work that you will be performing;

  • A bachelor’s degree or higher is the minimum requirement for entry into that position;
  • The degree requirement is common to the industry in parallel positions among similar organizations or the duties of the positions are so complex that only a person with a degree can perform them
  • The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with a bachelor’s degree
  • Your U.S. employer normally requires a degree for the position offered
  • You must have the correct background to the job offered
  • It is important to note that where a degree is not usually required for an occupation, an H-2B Work Visa may be appropriate.

Applying for the H-1B Visa

If you fulfill the requirements for the H-1B Visa, your immigration case will have to go through three specific steps.

1. Prevailing Wage Determination

The employer must determine the “prevailing wage” for the complete job offered to the foreign national. This is usually done by filing a request with the state employment security agency (SESA). The wage must be higher than or within 5% of the prevailing wage in the state on the indented employment.

2. Employer’s Attestation

The employer must file a Labor Condition Attestation (LCA) with the United States Department of Labor (DOL). The LCA contains information about the nature of the occupation, the number of foreign workers that have been hired and the wages paid. The LCA also contains a written promise that foreign nationals will be paid the higher of the prevailing wage or the actual wage paid to similarly situated workers; that there are no strikes or lockouts in process involving jobs to be filled by foreign workers and that the employer has given notice of the filing of H-1B attestations to either the labor union or has posted notice of the filing in a open space where other workers to see.

3. Employer’s Petition and Application

The employer files the H-1B Visa Petition with the INS Service Center in the United States. Once the Petition is approved, the application is filed by the foreign national to the U.S Consulate. IF YOU ARE CANADIAN, you can simply go to a US port of entry with the approved petition and be admitted.

Processing times range from 9 to 14 weeks depending on the INS Service Center that has jurisdiction over the case.

If you feel that you may meet the parameters set by the H-1B and that you may be a candidate fo qualification. I could be in your best interest to contact a skilled immigration attorney for consultation and a thorough assessment of you options.

Contact our Vancouver immigration law office to get started on your application today

Duration of H-1B Status

H-1B Work Visas can be issued for a period of up to 6 years. However, the INS typically will issue the visa for an initial period of 3 years. Extensions must be filed after the three-year period usually requiring a new Labor Condition Attestation (LCA).

The Quota of Application and the Means to Gain Assistance

For the fiscal year of 2011/2012 there will be only 65,000 H-1Bs accepted. This will obviously increase the importance of having your application being filled out correctly. This increases the chances of potential refusal and having to restart the process. Niren and Associates’ immigration services will help take the pressure off of you and aid in helping you to understand the complicated legal requirements. Let us prepare a professional application on your behalf.

When you have experienced immigration lawyers taking care of the paperwork, you can concentrate on planning your life in the US.

Many thanks for the assistance in arranging my H-1B application. I realize it wouldn’t have been possible without your assistance. Your advice to get the assessment of my academic credential and professional experience, as well as help in preparing the offer letter and helping me prepare for interview questions, was crucial. – Thomas W.

Contact our Vancouver immigration law office to get started on your application today