The H-1B visa is used by members of the professions who come to the United States to work in a "specialty occupation."
A "specialty occupation" is a position that requires a minimum of a bachelor's degree or its equivalent in a specific field related to the job.
The H-1B may be granted for three years. After that, an additional three years may be granted. After six years, the worker must spend one year outside the United States before he or she is entitled to have another H-1B visa. In some instances when the application for permanent residence has been started, the H-1B may be extended beyond the total six-year period to allow completion of the application.
Part-Time and Multiple H-1B Visas:
An H-1B visa is for a single job with a single employer. However, it is possible to obtain an H-1B visa to work part-time. It is also possible to have multiple H-1B visas at the same time to work for different employers.
H-1B Employee's Spouse and Children:
The beneficiary’s spouse and minor children may apply to accompany the H-1B beneficiary in H-4 status. The H-4 visa does not allow work in the United States, but does allow study.
The H-1B employer must have a United States taxpayer identification number and must agree to assume the following responsibilities:
• Pay no less than the "prevailing wage" for the H-1B job as approved by the Department of Labor
• Maintain wage and hour records
• Pay the employee's return transportation to his or her last foreign residence if the employment is terminated prior to the expiration of the H-1B term
• Post an approved "Labor Condition Application" form in two conspicuous places at the work site. The form requires the employer to describe the position and the salary. The LCA also requires the employer to attest to complex facts concerning the wage, working conditions, labor conditions and the giving of notice
There are a limited number of H-1B visas available each year pursuant to a quota system. The United States Citizenship and Immigration Service (“USCIS”) year is from October 1, through September 30. H-1B visas for the 2008-2009 year will have a start date of October 1, 2009. However, the USCIS will accept H-1B petitions six months before the start date – as early as April 1, 2008.
There are two separate H-1B quotas. The first quota is for individuals who have a bachelor's or equivalent degree. There are roughly 65,000 spots available. Last year, that quota closed after the first two days in April as the USCIS received more than twice as many petitions as there were visas available. The USCIS employed a “random selection process.” The second quota is for those who hold a master’s or higher degree from a United States institution. There are approximately 20,000 such spots available. Last year, that quota closed approximately three weeks into April.
Therefore, if you plan to apply for new H-1B status for any employees, the application must be sent by the end of March 2008 in order to have a chance of acceptance into the new quota. We are already busy preparing a great number of petitions. We urge you to contact us as soon as possible if you plan to submit petitions