H-1B Visas are the primary method for employers to recruit & hire International professionals and International students to work in the USA. It enables US employers to hire foreign professionals for a specified period of time. It is a “dual intent” visa will not be denied simply because a person has intentions to become a permanent resident. People who qualify usually have a Bachelor’s degree or a Master’s Degree or the foreign equivalent degree from whatever country they are from, or if you don’t have any of that, 12 years work experience, or if applicable, an even blend of further education and work experience. The general H-1B visa qualification rule is: for every 1 year of studies at University or College, that equals 3 points. For every 1 year of work experience, that equals 1 point. 12 points in ‘total’ are required to officially qualify for the H-1B visa program.
2.) The Process
H-1B visa applications are able to be filed by the employers in one of the following 2 methods: H-1B Regular Processing, which is very cost-effective and takes a little longer. There is no timeframe set in stone for a visa to be processed by the USCIS when it is filed through Regular Processing. It can actually take anywhere between 1 to 6 months). The next method is H-1B Premium Processing, which is actually not available for this Fiscal Year 2017. Regardless, it is a quicker method where you can obtain an H1B visa for an extra fee of $1,225 to advance the application processing in as little as 15 days. The application is to file offer & Acceptance of H-1B Employment. H-1B Sponsoring Company/Employer will file a petition on your behalf. Applications are “job specific.” The employer could be an individual, partnership or a corporation. The visa is only valid for work with the employer that filed the original petition. After this, The USCIS needs employment letters which contain the following information: particular information addressing the job title to be held by you, the exact tasks to be performed by you, the dates of employment, and details based on information of the supervisor’s, manager and co-workers.
The actual wage is decided upon by comparing other workers in similar positions with the same level of experience. The actual wage is the wage rate that is paid by the employer to any other individuals with similar experience and qualifications for the specific employment in question. The prevailing wage is decided upon by the State Employment Security Agency by completing a special form, either ETA 9035 or 9035E. These forms state that it will pay the H–1B nonimmigrant the required wage rate. When a company decides to sponsor a particular visa, what the immigrant cannot control is how much would be the pay for the H-1B employee. As part of the H-1B petition process, while filing the LCA with the DOL, the Sponsor Employer has to pay the H-1B employee the higher of the “actual wage” at the workplace or the “prevailing wage”, otherwise, in the industry.
If you want to learn more about H-1B Visa’s, watch the video below!