Professionals (H1-B)

The H-1B non-immigrant category is for foreign workers coming to the United States to work in "specialty occupations". Specialty occupation means an occupation that requires theoretical and practical application of a body of highly specialized knowledge and attainment of a minimum of a Bachelor's degree in the specific specialty field as a minimum for entry into the occupation in the United States.

The alien may not begin working for the employer in H-1B status until the application is approved by the USCIS (unless the alien currently holds H-1B status and is changing employers. See H-1B Portability below).

Limitations on the initial and overall period of stay in H-1B status:

The H-1B petition can be approved by the USCIS for no more than three years. However this can be extended for an additional three years. There is no limit on the number of times an alien can have his/her H-1B status extended however, aside from one exception, the alien cannot be in the US in H status for more than 6 years in total. The exception is that if a labor certification application (the first step in the process to obtain permanent residence status) was filed on behalf of the client with the Department of Labor at least one year prior to reaching the six-year limit, then the alien may have his/her H-1B status extended beyond the normal six-year limit. If the alien has reached the six-year limit and the labor certification application exception does not apply, then the alien must reside outside the US for a period of one year prior to reentering the US in H status.

H-1B Portability:

If an alien currently in the US in H-1B status wishes to change employers then the new employer must file a new H-1B Petition on behalf of the alien. Pursuant to legislation enacted in 2000, the H-1B alien can begin working for the new employer as soon as the new employer files the H-1B petition with the USCIS rather than waiting for the petition to be approved. In order to take advantage of this portability rule the alien must be in the US in lawful H-1B status at the time the new employer files the petition with the USICS.

Family Members:

Family members of the H-1B alien can be admitted to the U.S. in H-4 status. Family members are defined as the spouse and children under age 21 of the H-1B worker. The family members are admitted for the same period of time as the H-1B worker. Family members may not work in H-4 status however they may go to school. If the family members are currently in the United States in lawful status, then the application for H-4 status is filed with the USCIS. This is a separate application from the application filed by the employer on behalf of the H-1B alien. If the family members are outside the U.S., they will apply for the H-4 visa at the United States Embassy/Consulate.

Premium Processing:

If you want the petition to be adjudicated within 15 days, you can pay an additional filing fee of $1225.00 for "premium processing".

Documentary Requirements for individuals currently in the United States:

You should submit copies of each document requested:

• Complete and submit the H-1B Questionnaire which is located on the main page of the website.
• The I-94 card you were issued when you last entered the United States
• All previous I-797s issued to you by the USCIS (if any). FYI- The I-797 is the approval notice issued to you by the USCIS when you file to either change your status or extend your status in the United States.
• All diplomas and any existing foreign degree equivalency evaluations (if you do not have the equivalency evaluation we will provide one).
• Academic transcripts from all universities attended
• Any existing employment letters from your previous employers.
• If you are currently in the US in student status provide all of your I-20 forms and your Employment Authorization Card (if one has been issued to you).
• If you are currently in the US in J-1 status provide a copy of your IP-66 form and evidence that you are not subject to the two year home residency requirement OR evidence that a waiver has been issued to you by the USCIS.
• If you are currently in the US in H-1B status, a copy of your three most recent pay stubs.

Documentary Requirements for individuals currently in the United States:

You should submit copies of each document requested:

• Complete and submit the H-1B Questionnaire which is located on the main page of the website.
• Copy of biographic data pages from your passport.
• All diplomas.
• Academic transcripts from all universities attended.
• Any existing employment letters from your previous employers.

Documentary requirements for family members to obtain H-4 status:

You should submit copies of each document requested:

• Complete and submit the Family Members Questionnaire which is located on the main page of the website.
• Copy of biographic data pages from your passport.
• Marriage certificate.
• Birth certificates of children applying for H-4 status.

If currently in the United States please also submit:

• I-94 card you were issued when last entered the United States.
• All previous I-797s issued to you by the USCIS (if any). FYI- The I-797 is the approval notice issued to you by the USICS when you file to either change your status or extend your status in the United states.