H-1B visa is a nonimmigrant visa that allows a qualified alien to work for a U.S. employer in a specialty occupation. H-1B visa is granted for 3-year period and may be renewed for another 3 years. We handle H-1B visa petitions whether you are currently on F-1 optional practical training (OPT), or currently on B-1 or B-2, J-1, L-1 or other nonimmigrant visa category.
Requirements/Qualifications:
The basic requirements for the H-1B visa petition are:
The petition must be a “specialty occupation.” This means that the minimum requirement for entry into the profession or occupation is a Bachelor’s degree.
The petitioner must be qualified to perform the job duties entailed by the offered position.
The wage offered for the position must meet 100% of prevailing wage as of December 2004.
Process:
Processing H-1B visa has become fairly complicated over the last few years. As of now, the process requires a pre-approval of Form ETA-9035 for prevailing wage certification. This form is emailed or faxed to the Federal Department of Labor for approval. Once the ETA (ETA Unit) approves the ETA-9035, the petitioner/employer is required to file a Form I-129, Form I-129H and a cover letter discussing the employer/petitioner’s business, requirements for the position, the job duties and attestation of ability to pay the offered wages. These documents should be supported with documentary evidence, such as proof of alien’s college graduate certificate and transcripts or proof of experience if submitted in lien of education. The application packet must include proof of alien’s legal status at the time of application.
Fee:
The filing fee for the Form I-129
is $320.00 as of July, 2007.
|
