Can my spouse and children come to the U.S. with me? Yes! Your spouse and unmarried children under the age of 21 can apply for H-4 status, which can be submitted with the initial H-1B petition or anytime thereafter. However, if it is not submitted with the initial H-1B petition, it would not be eligible for premium processing. Can I change employers once I have an H-1B visa? Yes! Your new employer must file a Read More
How long will my H-1B visa be valid, and how long will it take USCIS to approve it?
How long will my H-1B visa be valid? Your visa will be valid anywhere from one to three years at first, depending on the evidence provided about the position. For example, a software developer could receive a three-year visa, while a physician during residency would only receive a one-year visa. You can extend your H-1B visa up to six years. There are certain exceptions to the six-year H-1B limit. The most common Read More
H-1B Specialized Worker Visa Application Process and Fee Structure
Whether you are outside or inside the U.S., the process of applying for an H-1B visa is the same. First, the employer must obtain a certified Labor Condition Application (“LCA”) from the Department of Labor. The LCA sets the “prevailing wage” for the position, which is the minimum wage rate the employer can offer to the foreign national. Next, you will fill out Form I-129, Petition for a Nonimmigrant Worker, plus Read More
When can I apply for H-1B visa?
First, if the employer is subject to the numerical cap, then both the employer and foreign national must register with the United States Citizenship and Immigration Services (“USCIS”) to enter the lottery system because there are always more applicants than visas available. The registration is $10. The registration window is March 1st-20th. USCIS will inform registrants who are selected in the lottery by March 31st. Read More
What are the requirements for an H-1B visa?
First, the position itself must meet the criteria to qualify as a specialty occupation. Second, the foreign individual must be qualified to perform the duties of the position, and documentation establishing both are required. The position must meet one of the following criteria to qualify as a specialty occupation: The position normally requires a bachelor’s degree or higher in a specific field. A degree is Read More
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