H-1B – A Non-Immigrant Visa Option for US Employers

An H-1B temporary employee is a foreign countrywide that’s coming quickly to your U.S. to execute a specialty occupation. A specialty occupation is outlined as “an profession that requires (A) theoretical and practical application of the physique of highly specialized expertise, and (B) attainment of the bachelor’s or better degree in the particular specialty for a least for entry to the occupation in the United States.” [INA214(i); 8USC 1184(i)]

One example is, accountants, architects, academics (Principal and secondary, excluding nursery faculty academics), College professors, particular different types of nurses, Lawyers, medical professionals, and engineers will all qualify as H-1B staff. The one way to make a dedication irrespective of whether a certain employee will qualify is through advice from a qualified immigration lawyer.

The H-1B visa stays certainly one of most flexible nonimmigrant employment visas utilized by U.S. firms to rent foreign personnel. Here’s a listing of concerns to keep in mind when filing an H-1B petition.


Usually, the utmost length of time that an individual can hold H-1B position is 6 decades. An employer may possibly ask for Preliminary employment for approximately three a long time after which you can might request an extension for one more three several years. Nevertheless, exceptions do exist to allow an H-1B extension past the initial 6 years. An employer may petition for the overseas worker for possibly comprehensive-time or portion-time employment.
Prevailing Wage

The prevailing wage element necessitates businesses to show the wage available will not likely discriminate towards U.S. employees by presenting wages which are decreased than the actual wage compensated to comparable employees. Generally, the working visa application hong kong prevailing wage requirement is achieved by offering wages as based on publishing a Prevailing Wage Ask for into the Condition Workforce Company or demonstrating that a union contract is in power. The H-1B laws call for businesses to pay the higher of the particular wage or even the prevailing wage.


The LCA is definitely an software through the employer for the Division of Labor attesting to specific situations of the posture supplied. These conditions are:

one.) That the higher of precise or prevailing wage will probably be compensated;

two.) That the worker is qualified for the same benefits as other in the same way used U.S. workers;

three.) That the worker is not really remaining utilized due to the fact U.S. staff are out on strike or lockout;

4.) That the work of the overseas employee will not likely adversely influence the Performing problems of other staff; and

5.) That appropriate notification was presented to U.S. workers or even the union agent Should the situation is really a union situation.

The LCA should be manufactured obtainable for Division of Labor (DOL) and for community inspection. The LCA may very well be attained on the internet at http://www.lca.doleta.gov.

SPOUSE OR Small children OF AN H-1B

Spouses and kids of an H-1B are qualified for H-4 visas. An H-4 is either a wife or husband or unmarried children under 21 years aged. H-four holders cannot get the job done in the U.S. but are qualified to attend college both section-time or comprehensive-time. To prove the connection for the H-1B an H-4 prospect will require to existing a relationship certification if a spouse or possibly a start certificate if a baby.

Submitting Service fees

Generally, an employer must pay for the H-1B Form I-129 submitting cost ($320), H-1B Training Price of possibly $750 or $1500 depending upon the dimensions of your company, and a Fraud Prevention and Detection Fee ($500). All businesses must pay back these charges Until an employer qualifies for exemption from your H-1B Training Charge.

If a firm at this time employs one-25 whole-time equal staff, the H-1B Training Cost is $750. Providers who use in excess of 25 full-time equivalent workers will need to pay for $1500. The employer will have to pay the H-1B Education Charge on the First hire and the first H-1B extension of a similar staff. The H-1B Schooling Cost is not demanded for 2nd or subsequent petitions for H-1B extension. The Fraud Prevention and Detection cost has to be compensated when the employer at first hires the worker regardless of whether she or he is now Doing the job as an H-1B with another employer.