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Lei Jiang Law & Bus. Center
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H-1B Visa- Specialty Occupation Work Visa for Professional Employees

Description

An H1B visa allows a foreign person with at least a bachelor’s degree or its equivalent in work experience to work in the U.S., if the position the foreigner will fill requires such preparation, and the employer agrees to pay the individual the prevailing wage for such a position in the location of employment. The person will be in non-immigrant status (meaning that the person will not be residing permanently in the U.S.). However, the individual may apply for permanent residency thereafter. This is appropriate for someone who has a specialty job offer in the U.S. (requiring a bachelor degree or its equivalent in relevant work experience) and wants to start working as soon as possible.

There is currently a premium processing option, which for an additional $1,000 in filing fees, the US Immigration Service will commit to process the application within 15 calendar days from receipt of the application. Processing the application does not mean that there will necessarily be a final decision after 15 days, but rather that there will be a response after this time. This response may be a visa approval, a denial or it may also include a request for additional documentation from the petitioner or the employer. Click here for more information on premium processing.

Who Is Eligible

Foreigners with a bachelor degree, or its equivalent in work experience and specialized skills, are eligible for an H-1B visa (their dependents are eligible for an H-4 visa). To apply for this visa you must have the following requirements:

  • A job offer in the U.S. with a company willing to sponsor you;
  • A salary and working conditions that matches what others are making in the same field in the area where you will be working;
  • A bachelor degree or experience in the field of employment equivalent to a bachelor degree, or relevant work experience to the position offered.

FY 2010 H1B Visa Quota

The following two graphs illustrate the current used, cap subjected H-1B visas for FFY 2010 as well as projected consumption based on current usage. These graphs were based on data released by the USCIS. As one can see, the “Master’s” degree H-1B visa is expected to reach the cap by December of this year. This will cause increased demand on the “Regular” H-1B visa which is expected to reach the cap by April 2011

Current H1B Consumption Projected H1B Consumption
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