H1-B Visa

The H-1B1 Specialty Occupation Worker Visa

H-1B1 specialty occupation worker visa petitions can be filed with the Immigration and Naturalization Service (INS) on behalf of persons whose work requires a minimum of a Bachelors degree in a specific occupational specialty.

The potential H-1B1 worker must either have a university degree, or a combination of education and experience equal to a degree in a field related to the offered job. Three (3) years of experience in an occupational specialty is equivalent to one (1) year of university studies. H-1B1 status usually is granted initially for three (3) years, however, extensions can be obtained for up to a total of six (6) years. H-1B1 employment may be part-time.

1) The law governing H-1B1 visas spells out specific requirements for employers, including:

a) The filing of a Labor Condition Application (LCA) with the Department of Labor (DOL) prior to submission the H-1B1 petition to the INS, The LCA avers that the specialty worker will be paid at least 95% of the prevailing wage for the position in question as determined by the Department of Labor or another "authoritative source."

b) Posting the LCA in two conspicuous places where the services are to be performed so that U.S. workers may know that you intend to file an H-1B1 petition on behalf of a specialty worker.

c) The employer must state that it will pay the specialty worker's "return transportation abroad" in the event the specialty worker is terminated before the expiration of his or her visa status.

d) The employer must keep the LCA and prevailing wage documentation on file.

2) Persons who apply for an H-1B1 visa at a U.S. Consulate need not demonstrate that they have sufficient ties to their home country to compel their return abroad.

3) The H-1B1 beneficiary's spouse and unmarried children under twenty-one (21) are eligible for H-4 status.

4) Holders of H-4 visas are not eligible to work.