H-1B Visas
An H-1B visa is a category available for nonimmigrant
professional workers. The employer can sponsor a foreign employee who meets the
requirements for the specialty occupation, and INS will only grant an H-1B for
certain occupations. In addition, the employee must be able to show that
his/her university degree is equivalent to an American degree or that the work
experience is equivalent to such a degree.
Afterwards, a determination of the prevailing wage must be
made, and an application to the U.S. Department of Labor must be presented.
The employer must post the Department of Labor forms in 2
conspicuous locations at the work place. It must describe the position and
salary. The employer must keep wage and hour records of the sponsored employee
as well as records of other employees who are similarly situated.
If the Department of Labor approves, then an application
is made to the Immigration and Naturalization Service to request for the visa.
The employer must pay a $1,000 fee to accompany the application, and this fee
cannot be paid by the employee. If it is discovered that the employee paid this
fee, the employer will be subject to a fine and an order to pay restitution.
Some employers may seek an exemption of this fee if they are institutions of
higher education, affiliated with charities or non-profit organizations, or
government research organizations.
Once granted, the visa is usually valid for 3 years
renewable for another 3 years. Under certain limited circumstances, the INS may
extend the visa beyond 6 years.
The H-1B employee has to work for the sponsoring employer
and cannot switch to another employer without INS approval.
If the H-1B employee is not in the United States or has to
travel home, then he/she will need to apply for the visa stamp in his/her
passport at the U.S. Embassy or consulate abroad. |
