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H-1B Visas | San Diego Immigration Lawyers Law Offices of Jacob J. Sapochnick Schedule a Consultation: 1.866.488.1554 Tap Here To Call Us San Diego Immigration Lawyers Law Offices of Jacob J. Sapochnick Home Contact Cardiff-by-the-Sea, California Specialty Occupation VisaShysterLaw Offices of Jacob J. Sapochnick Home Our Law Firm Legal Consultation Services Ask An Immigration Lawyer Processing Times Resources Blogs Contact Us Schedule a Consultation 866.488.1554 619.819.9204 Home Services Work Visas H-1B Visas H-1B Visas The H-1B program allows American companies and/or organizations to employ foreign workers who possess both a theoretical or practical using of a soul of highly specialized knowledge and a bachelor’s stratum or its equivalent, for a temporary period of time. In order to qualify, foreign workers must be employed in a specialty occupation related to their field of study. Foreign workers typically work in the STEM fields as scientists, engineers, computer programmers. Fashion models are moreover classified under the H-1B category. The H-1B program was enacted by Congress with the intention of helping American employers seek out distinguished foreign workers who possess the necessary merchantry skills and skills woolgathering within the American workforce. The provisions of the H-1B program indulge qualified foreign workers to attain temporary employment having met specific requirements, while protecting American workers from stuff negatively unauthentic by the temporary employment of these workers. H-1B petitions will uncork to be wonted on April 1, 2015 of each fiscal year.H-1B Cap LimitationsThere exists a congressionally mandated cap limiting the issuance of H-1B visas to 65,000 per year, which is why the H-1B visa is wontedly referred to as a ‘lottery’ visa. Individuals holding wide degrees are exempted from the 65,000 cap. Initial H-1B applicants must demonstrate that they have obtained an American master’s stratum or higher to be exempted from the cap, however only the first 20,000 petitions received by USCIS will goody from the exemption. Initial H-1B petitions that are received by USCIS without that limit will count towards the regular cap. The H-1B visa is issued for up to three years but may be extended for flipside three years.Other Cap ExemptionsNot all H-1B visas are subject to the 65,000 cap. For instance, U.S.-Chile and U.S.-Singapore self-ruling trade agreements mandate that 6,800 visas be set whispered for each fiscal year under the H-1B1 program. Any unused visas for H-1B will be saved for the next fiscal year.Certain H-1B foreign workers in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam are moreover exempted from the cap equal to the Consolidated Natural Resource Act of 2008 (CNRA) Public Law 110-229. H-1B applicants in Guam and the CNMI whose petitions are filed by December 31, 2019 are exempt from the cap.Employer-Employee RelationshipIndividuals cannot wield for an H-1B visa to indulge them to work in the US. The U.S. employer must petition for entry of the employee by filing USCIS Form I-129 Petition for Non-immigrant Worker, H supplement, data hodgepodge supplement, petitioner’s letter describing the proffered position and Beneficiary’s credentials (as they relate to the specialty occupation), supporting documents including but not limited to: the Beneficiary’s Passport ID page (copy), Beneficiary’s resume, Beneficiary’s wonk credentials (degree and transcripts), wonk evaluation (if the foreign worker possesses a foreign degree), signed certified LCA, prevailing wage information, printout of specialty occupation position from the Occupation Handbook (OOH), materials on the company’s merchantry such as brochures/website printouts, visitor product or service information, expert opinion reports (for candidates with work experience) and paying each of the filing fees for each form. USCIS Form I-907 request for premium processing service is optional. Employers can upgrade an H-1B petition to premium processing service at any time. In order for an employer to petition a foreign worker, an employer-employee relationship must exist with the petitioning U.S. employer. An employer-employee relationship exists if the U.S. employer has the right to hire, pay, fire, supervise, or tenancy the work of the H-1B worker. It is possible for a sole or majority owner of an American visitor or organization to establish such a relationship if they can demonstrate that they have the right to tenancy the beneficiary’s employment. Employers cannot file an H-1B petition or extension for an employee increasingly than 6 months surpassing the employee’s intended start date.Employer MandatesAn employer must pay the foreign worker at least the very or prevailing wage for their occupation, whichever is higher. Employers must attest and be prepared to demonstrate to the Department of Labor (DOL) that they will either pay wages to the H-1B worker that are at least equal to the very wage paid by the employer to other workers with similar wits and qualifications for the position, or pay the foreign worker the prevailing wage for the occupation in the zone of intended employment. Employers make such an testament when submitting the Labor ConditionUsing(LCA) with the DOL. When submitting the LCA, the employer must moreover state the physical location where the employer will be working. If the employer anticipates that the employment location will transpiration during the process, they must submit an spare LCA to ensure it is certified in specimen of a change. The employer must register their FEIN number with the DOL surpassing submitting an LCA. If the employer has previously petitioned a foreign worker for an H-1B visa, the FEIN does not need to be registered with the DOL. At the time the employer files the I-129 Petition withal with the H Supplement, they must sign the certified LCA and maintain public wangle records and remain H-1B compliant.What is the Prevailing Wage?The prevailing wage is specified as the stereotype wage paid to similarly employed workers in a specific occupation in the zone of intended employment. The prevailing wage is unswayable based on the occupation and work location where the foreign worker will be employed. Employers can wangle information on the prevailing wage by visiting the Online Wage Library published by the Foreign Labor Certification Data Center (OFLC).For Answers to Your Personal QuestionsContact a U.S. Immigration Law Expert TodaySpecialty Occupation Requirement>In order to qualify for an H-1B visa, the Petitioner (U.S. Employer) must submit vestige that substantiates that the foreign worker either a) possesses a bachelor’s stratum or higher or equivalent work wits for the particular position sought b) that the stratum requirement is worldwide for the particular position within the industry, or that the job is so ramified or unique that it can only be performed by someone possessing a bachelor’s stratum or equivalent work wits in a relevant field for the position c) that the employer normally requires a stratum or its equivalent for the position or d) that the nature of the duties necessary to perform the position are so specialized and ramified that performance of the duties is associated with attainment of a bachelor’s stratum or higher, or equivalent work experience.Educational or Equivalent ComponentAs previously stated the foreign worker must possess a theoretical or practical using of a soul of highly specialized knowledge and a bachelor’s stratum or its equivalent in work wits in lieu of a degree. The reason for this is that the write-in must demonstrate that their stratum or equivalent work wits is directly related to the specialty occupation they seek. If the foreign worker has attained U.S. bachelor’s stratum equivalency from their home country, the foreign stratum and foreign transcripts must be evaluated by an accredited credential evaluator who can attest to the equivalency. If the foreign worker does not have a stratum or possesses an unrelated stratum to the specialty occupation, but has at least 12 years of relevant work wits directly related to the specialty occupation position, the work wits will demonstrate the foreign worker’s theoretical or highly specialized knowledge. In this situation the foreign worker will need to provide their resume, a detailed statement highlighting the role that will be performed and how the work wits relates to the role, written opinions from experts or previous employers in the field attesting to the foreign worker’s wits related to the position. The U.S. employer can moreover submit vestige proving that existing employees in similar positions within the visitor possess similar work experience. If the foreign worker did not well-constructed their bachelor’s stratum but completed at least one year of the undertow of study, each year completed for the stratum is equivalent to 3 years of work experience. In many situations, we have demonstrated a combination of wonk and work wits to qualify applicants for H-1B visas. The sparsity of a bachelor’s stratum is not the end of the road for an applicant.Applying at a U.S. Consular post or as a Change/Extension of StatusAn H-1B Petition can be filed via a U.S. Consular Post upalong or as a Change/Extension of status if the payee of the petition is in the United States in lawful status. If the Petitioner requests a transpiration or extension of status, thePayeewill not be worldly-wise to travel outside of the United States while the petition is in process. Beneficiaries may elect to wield for Consular Processing for two reasons 1) either they remain outside of the United States or 2) they prefer the flexibility of traveling outside of the United States while the petition is in process.How long can an wayfarer be in H-1B status?Under current law, an wayfarer can be in H-1B status for a maximum period of six years at a time.Withoutthat time an wayfarer must remain outside the United States for one year surpassing flipside H-1B petition can be approved.Unrepealablealiens working on projects for the department of defense may remain in H-1B status for 10 years. In addition, unrepealable aliens may obtain an extension of H-1B status vastitude the 6-year maximum period, when:365 days or increasingly have passed since the filing of any using for labor certification (LCA), Form ETA 750, that is required or used by the wayfarer to obtain status as an EB immigrant,or365 days or increasingly have passed since the filing of an EB immigrant petition.How should an employer petition for H-1B visa?The pursuit is a list of some supporting documents that should be included in the H-1B visa petition. The list is not all inclusive and specific details pertaining to your using should be discussed with a licensed shyster in detail.Sparedocuments may be necessary depending on the specific case. The list includes but is not limited to the pursuit items:Signed and Certified Form ETA-9035, Labor ConditionTestament(LCA), with the Department of Labor;Form I-129, Petition for Nonimmigrant Worker, with H-Supplement;I-129 DataHodgepodgeSupplement;I-907 Premium Processing (Optional);Signed Petitioner Letter of Support onVisitorLetterhead;Printout of the specialty occupation unravelment from the Occupational Handbook (OOH);Prevailing wage information from the OFLC;Documentation including the certified LCA should be filed with the USCIS Service Center having jurisdiction over the state of intended employment. When the petition is approved, the employer or wage-earner will be sent an clearance notice known as Form I-797 and a reprinting of the clearance notice will be forwarded to the American Consulate. Beneficiary’s applying for an H-1B visa at a Consular post upalong will need to obtain the original clearance notice from their employer or attorney;Beneficiary’s Passport ID page (copy) and copies of U.S. Visa ID pages (if applicable);Beneficiary’s I-20’s if on an F-1 visaBeneficiary’s DS-2019’s if on a J-1 visaI-94 Arrival/Departure record (ifPayeeis in the United States lawfully)a-d same as whilom for dependents withal with marriage document and lineage certificates with translations;Beneficiary’s degree, transcripts, with translations and educational evaluation if the stratum is foreign (copies);Beneficiary’s resume;Evidence of work wits such as expert opinion reports and reports from Beneficiary’s previous employers demonstrating that thePayeehas wits directly related to the specialty occupation;Any required license or other official permission to practice the occupation in the state of intended employment (copy);The wayfarer has education, specialized training, and wits that is equivalent to training uninventive by the attainment of a U.S. bachelor's or higher stratum in the field;Copies of materials on the Company’s merchantry (IRS letter containing FEIN, Secretary of State Registration, Income Tax Returns andVestigeof Financial Position, Brochures, Website printouts, information on the products or services offered);If the visitor is a startup: Copies of Articles of Incorporation, Bylaws, Organization/Incorporation Minutes, Statement of Information, Bank Statements,MerchantryPlans (if applicable);Family members of H-1B aliens are classified under H-4 category. While the H-4 aliens may undertake full time studies in the United States, they may not engage in employment. To work they must transpiration their status to nonimmigrant category for which work is authorized.H-1B Dependent Employers and Willful ViolatorsIf your employer is H-1B dependent, meaning that the proportion of the number of H-1B workers in the visitor is higher than the total number of full-time employees in the company, or if your employer is a willful violator, meaning that they have single-minded a willful violation or a misrepresentation of material fact during the five year period preceding the stage of the application, you should consult an shyster immediately. If you are on a J-1 visa and are subject to the 2-year foreign residence requirement, you must seek a waiver surpassing you winnow H-1B employment. Please contact us if this is the case.Frequently Asked Questions well-nigh H-1B Visa Immigration Lawyer Blog - H1B Visas Weekly Live Stream withTribunalJacob Sapochnick and Marie Puertollano: RFE/NOID Policy in Effect, Suspension of Premium Processing, Fraudulent H-1Bs, Cap-Gap, and More! In this live stream, tribunal Jacob Sapochnick and Marie Puertollano discuss recent topics in immigration including the new USCIS policy giving… Alternative Options to the H-1B Visa What are some alternatives to the H-1B visa? By now you know that the H-1B cap has been reached for Fiscal Year 2019. But what happens if you were not… H1-B Visa Expert: The Top MostWontedlyDenied Occupations In this post, we discuss the top most wontedly denied specialty occupations for the H-1B visa program. Don't be unprotected in the dark. 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