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What is an H-1B visa? An employer seeking to employ a foreign worker temporarily in a specialty occupation uses the H-1B program. Specialty occupations require theoretical and practical application of a body of highly specialized knowledge along with at least a bachelor's degree or its equivalent, and medicine and healthcare providers fall into this category. How do I apply for an H-1B visa? The H-1B visa classification requires a sponsoring U.S. employer. The employer must file a labor condition application with the U.S. Department of Labor. The application includes declarations including payment of prevailing wages for the position and working conditions offered. The employer must then file an I-129 petition with the US Citizenship and Immigration Service and, unless specifically exempted under law, pay filing fees. Based on CIS petition approval, the foreign worker may apply for the H-1B visa, admission or a change of nonimmigrant status. Professionals of extraordinary ability have several different options, so it is important that you work with an experienced attorney to maximize your chance to live and work in the United States of America. The Araneda & Stroud Immigration Law Group, LLP has worked successfully with many physicians, Ph D's, and experts in healthcare and other sciences to secure legal entry, work permits, and lawful permanent residence in the U.S. Please call us now to find out how we can assist you. The H-1B application process has turned into an annual lottery. Applications for the H-1B must be received by CIS during the first five days of April, with visas to be issued in October. Jobs with institutions of higher learning or with non-profit research organizations are not subject to the quota, and can be applied for at any time. |
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