The H-1B Visa applies to foreign nationals coming to the U.S. for a specific amount of time to provide services in a special occupation which requires application of knowledge that is highly specialized, requiring specific course(s) of higher education completion to be completed.Labor Condition Application
Before an H-1B Petition can be filed with USCIS, the H-1B employer must first file a labor condition application (LCA) with the United States Department of Labor (USDOL). Once the LCA is certified by the USDOL, then the employer can file the Petition for Alien Worker together with the certified LCA with USCIS.Important Conditions for H-1B Visa Holders:
Employment authorization for H-1B Visa Holders is limited to the specific employer who filed and obtained the H-1B Visa for a specific beneficiary.
H-1B Visa Holders can change employers, but a new H-1B porting petition is required. However, a current H-1B Visa Holder does not have to wait for the new H-1B petition to be approved, but rather may begin working for a new H1-B employer as soon as the new employer files a H1-B porting petition and receives an H-1B Porting Receipt Notice.
Multiple employers are allowed, but a different H-1B petition is required for each employer.
The only requirement for an employer that terminates the employment of its H-1B beneficiary employee is that the H-1B Employer is responsible for return transportation costs for the terminated H-1B employee.
H-1B Visa Holders are allowed to have dual intent, i.e., even though their H-1B Visa is a non-immigrant visa, they may seek permanent residence in the U.S and are not required to maintain foreign residence.H-4 Dependents
H-4 Dependents are defined as spouses and unmarried children under 21 years of age. H-4 Dependents have the same restrictions as the principal. Moreover, H-4 Dependents are NOT employment authorized.Filing the H-1B Petition with USCIS
The H-1B Petition filed with the USCIS by the U.S. Employer-Petitioner must:
- Include a certified Labor Condition Application (LCA) from the USDOL;
- Establish the position is a specialty occupation;
- Establish the alien has the required degree and experience for the position;
- If the education or experience was gained outside the U.S, establish that the foreign education and/or experience is equivalent to the required U.S. degree; and
- Proof of required licenses, permits, etc. to practice the occupation in the state of intended employment by the H-1B beneficiary;How Do I File for an H-1B Visa? The Law Offices of Nishan C. Mahendran, P.A. will be pleased to process your H-1B Visa Petition on behalf of an alien worker or an employer. Our law office will carefully analyze your case and make recommendations on the most appropriate process for you or your company to pursue. We then assist with preparing documents and letters, continuing the case either in the country or through consular processing, until the principal applicant and family members receive their H-1B Visa and corresponding accompanying H-4 Visas for the accompanying family members.