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THE H1-B VISA
The H1-B visa
allows U.S.
employers to temporarily employ foreign workers in "specialty occupations".
Once the petition has been approved, the worker can be employed only by the
petitioning company. If the employee is laid off or dismissed, the employer
must notify the Service and the employee must leave the U.S. The employee may
change employers ("PORT") if another petition is filed.
A
"Specialty Occupation" by definition is one that requires theoretical and
practical application of a body of highly specialized knowledge, and attainment
of a bachelor's degree in the specific specialty (or its equivalent). This is the minimum for entry into a given
occupation in the U.S.
The
H1-B is good for a total of six years with extensions If a labor certification
application is filed before the end of the 5th year, the visa may be
extended indefinitely until the process is complete. If your H1-B visa expires
and you promptly depart, the whole process may be started over again after a
year.
The
congressionally imposed cap of 65,000 visas has been very vexing. Indeed, in
2007 and 2008, the quota was exhausted within a few hours after it was opened.
There is also a quota of 20,000 for holders of advanced degrees. This quota was
also quickly exhausted. Visa renewals do not count against the yearly quota.
Parts of the annual quota are reserved for citizens of Singapore and Chile.
THE PETITION PROCESS
If the
applicant qualifies, the first step is to file a LCA (Labor Condition
Application) and receive a "prevailing wage" determination from the Department
of Labor. The applicant must not be paid less than the prevailing wage.
Currently it takes about a week to get a LCA approved. It must also be
determined that the prospective employer is able to pay the prevailing wage,
and that the proferred position qualifies as a "specialty occupation". The
applicant is qualified by holding the appropriate degree. See Labor
Certification.
There
is also the E3 visa limited to Australians which is very similar to the H1-B,
but may be renewed indefinably.
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