Monday, January 31, 2011

H1B Visa Requirements and FAQ

One common classifications used by immigrant and labor United States (U.S.), the H-1B. H-1B visas available to foreign workers who come to the United States temporarily to provide a "specialty occupation" or as a model. This article addresses some questions most frequently asked questions for the classification of H-1B, including requirements.

What is a profession Occupation: 

A "specialty occupation" means an occupation that requires theoretical and practical application of a number of highly specialized knowledge and achieve a baccalaureate or advanced degree in the specialty in question (or equivalent) minimum training is the United States: This often means that the foreign workers able to solve the full practice of a profession, if it is necessary for profession, for the completion of degree or equivalent office experience for the end of this level of experience and training through the recognition of the responsibility of positions in this sense: If a foreign worker to fashion model, the model must be of outstanding merit and ability.

What is the prevailing wage or actual wage. 

Use the employee's H-1B non-immigrant, the employer is obliged to pay more than real wages, or prevailing wage. Prevailing wages to average wages and workers the same geographic area for employment. real wages of the average salary of employees working in the same employer. While the employee is paid the higher of prevailing wages or real wages, salary requirements of the Department of Labor is likely to be satisfied.

What is the employment status and the application of life cycle assessment. 

Prospective H-1B employers must receive certification labor certification application (LCA) Department of Labor (DOL). This includes certificates, violation of which could result in fines, bars sponsored immigrant or immigrant petitions and other penalties for the employer.

What are the requirements for ACL: 

It requires employers to prove that it meets the following requirements to work.

- The employer pays the salary of the beneficiary, which is not less than the salaries of workers with similar skills, or, if greater prevailing wage for their position in the geographical area, which worked.

- Employers are obliged to working conditions that are not harmful in other employees. Implementation is unable to work during a strike or lock instead of the corporate employer. Filing notice prior work in the Department of Labor union representative or the negotiation has not been secondment to the place of business.

What is H-1B Cap? 

H-1B Visa-cap to the annual numerical limit of 65,000 visas each year. The first 20,000 applications filed on behalf of beneficiaries with U.S. Masters or higher are exempt from CAP. In addition, H-1B workers who are working or if any institution of higher education or related persons or related non-profit organization or non-profit research or research management is not subject to numerical limits.

How long can work with H-1B visa. 

From H-1B nonimmigrant may be granted up to three years. Your period may be extended, but generally should not exceed six years, although some exceptions apply to operate under the American Competitiveness twenty century (AC21).

After starting work, the H-1B can work on one employer to another employer. 

H-1B approvals by the employer and the specific location. This means that the employee can not work the employer looking for employees for a specific place. To enable the employee to work for another employer, another petition to be submitted and approved a new location and new employer. This does not require employees employer. If the employee is offered new jobs, new employer may ask an employee. In most cases, when the U.S. Citizenship and Immigration Services received a complaint, the employee may begin working for another employer.

Should I work all day to qualify for H-1B: 

Is not necessary for the number of individual working time H-1B full. This means that the H-1B may be provided for them part time or full-time research.

Can I have more than one employer H-1B at the same time. 

Yes: If the employee has multiple employers at the same time, they can and must obtain a valid H-1B visa to work for any employer.

How long to get the approval of H-1B visa. 

Time necessary to process H-1B petition, as a rule, about three months. Because processing time is determined by the workload and often fluctuates throughout the year, it is important to check the current treatment for a clear idea of how long it takes to process your request H-1B visa.

I can speed up processing time. 

Yes, the U.S. Citizenship and Immigration Services is offering "Premium processing for those who need a quick decision in their case: Premium processing guarantees the resolution of your case within 15 days, payment of compensation costs of $ 1225.00.

What if I want to become permanent residents. 

A major advantage of H-1B visa for migrants. This means that the holders of H-1B Visa-intends to remain permanently in the United States and Applications to permanent resident green card. Although the maximum length of stay of H-1B Visa, usually six years, if the demand for H-1B visa for permanent residence before the start of their sixth year H-1B status, they can renew the H 1B-permanently or until you receive the decision on the application for permanent residence.

My family can come to the U.S. with me while I work on H-1B: 

Yes, spouses and unmarried children under 21 years can seek admission in H -4 classification of non-immigrants. Family members, H-4 nonimmigrant classification will not be used for U.S

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