Frequently Asked Questions about the H1-B Process
What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation with distinguished merit and ability.
What is a specialty occupation?
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
Is there an annual limit on the number of H-1B aliens?
Yes, the number of aliens who can be issued an H-1B visa or be provided H-1B status in a single fiscal year is 65,000.
How does one apply?
H-1B status requires a sponsoring U.S. employer. The employer must file a Labor Condition Application (“LCA”) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file a Form I-129 petition with the U.S. Citizenship and Immigration Services (“USCIS”).
What are U.S. government fees for of filing a petition?
Following are the government filing fees: an I-129 fee of $325, a $500 fee for each non-renewal H-1B petition, and a fee of either $750 or $1500 depending on the number of total employees in the company. The petitioner may request Premium Processing from CIS by paying an additional $1,225. Under Premium Processing, CIS guarantees to process the H-1B Petition within 15 days of receipt of the application at the USCIS office. Based on the USCIS petition approval, the alien may apply for the H-1B visa, admission, or a change of nonimmigrant status. Fees are subject to increase by USCIS, and any fees for individual cases will be laid out via an Engagement Letter upon beginning a case with Azarmehr & Associates, PC.
How long can I work with this visa?
The visa is valid for up to 3 years at a time and can be renewed for an additional 3 years for a total of 6 years. Please note, the USCIS has discretion in issuing visas and it is not uncommon for the USCIS to approve the H-1B petitions in one year increments.
Can I work for another company?
Not unless you transfer your Visa to a new sponsor.
Can I travel with this visa?
H-1B Approval Notice form the BCIS is NOT a visa (permission to enter the U.S.). You may apply for an H-1B visa in your passport at a U.S. Consulate outside the U.S.
Do I have to go to a US consulate to renew my H1B visa if I am not planning to travel outside the US?
No, if you do not plan to travel outside the US, you do not need to go to a consulate to apply for an H-1B Visa in your passport.
Can I obtain a Social Security number?
Yes.
Can I bring my family to live in the US?
Yes, they if they obtain an H-4 visas (dependent visa). The H1-B visa holder’s spouse and unmarried children under the age of 21 are eligible for an H-4 nonimmigrant visa. Parents, other relations of H1B visa holder are not eligible to receive an H4 visa.
Can my family members work with an H-4 Visa?
No.
Can my family members obtain a Social Security Number?
No, H-4 visa holders may only obtain a TIN (Tax Identification Number).
When transferring from one employer to another, when can I start working for my new H-1B sponsor?
When we receive the initial receipt from USCIS after we file the H-1B Petition.
Can I apply for Permanent Residency with this kind of visa?
Yes, you may apply for Permanent Residency.
Can my family apply for Permanent Residency with H-4 Visa?
Yes, as your dependents they may apply for Permanent Residency.
Can I apply for an H-1B Visa without a sponsor?
No, you will always need a sponsoring company for your H-1B Visa Application.
Can I work for my sponsor and another company at the same time?
Under certain circumstances, you may qualify for two concurrent part-time H-1Bs.
What happens if I get laid off?
You may:
- a) Find a new sponsor;
- b) Return to your Country; or
- c) Change your status to another non-immigrant visa.
Disclaimer: Nothing on document should be taken as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. For legal advice, consult an attorney experienced in immigration law.
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