Obtaining an H-1B or H-4 Work Visa

H-1B visas are designated for foreign workers coming to the country for specialty occupations; therefore, employers are highly involved in visa application process to ensure they can get particular workers for particular jobs. Currently, the USCIS has a yearly cap of H-1B visas it distributes every year.

How does the H-1B visa application process work?

An employer must file a Labor Condition Application (LCA) with the Department of Labor. After receiving an approval notice from the LCA, he must file that approval with a completed I-129 nonimmigrant worker petition.

Keep the following rules about the H-1B petition process in mind:

H-1B visas are limited to work with the employer who filed the LCA and I-129 petition and, under most circumstances, changing employers requires a new application.

Multiple employers require multiple petitions. Similarly, multiple employees require multiple petitions; each petition can only include one employee.

What documents are required for an H-1B petition? 

The LCA and Form I-129 should be filed with:

Copies of evidence that the proposed employment qualifies as a specialty occupation.

Evidence the potential employee has the required degree for the job through a copy of his or her U.S. baccalaureate or higher degree required by the job, a copy of a foreign degree equivalent to the U.S. degree or proof of education or experience that is equivalent to the required U.S. degree.

A copy of any required license or official permission to practice the occupation in the intended state of employment.

A copy of any written contract between the employer and the nonimmigrant employee or a summary of the terms of the oral agreement about the employment. 

For how long is an H-1B visa valid? 

H-1B certification is valid for whatever amount of time is indicated on the LCA, which can be up to three years. Workers can be in the United States under H-1B status for no more than six continuous years, although certain extension of stay policies can extend an H-1B visa beyond even that. After an H-1B visa has expired and not extended, the foreign worker must stay outside of the United States for at least a year before a new H-1B visa can be approved.

What visa is appropriate for my wife and children if I come to the United States under an H-1B visa?

Dependents (spouses and unmarried children under 21 years of age) of H-1B workers are entitled to H-4 status with the same restrictions as the principal. H-4 nonimmigrants can not be employed during their time in the country.

Durrani Law Firm can answer your questions about H-1B petition process, whether you're an employer wanting multiple petitions for multiple foreign workers or you're a foreign professional. You can contact us via phone at 866-DURRANI or email at info@durrani.com .