Frequently Asked Questions About H-1B Visas
An H-1B visa is employer-sponsored and allows people who are permanent residents and other non-citizens in the United States to work in a specialty occupation for up to six years. Employers must apply to the United States Citizenship and Immigration Services (USCIS) for the H-1B visa on behalf of a prospective employee who qualifies. Only individuals working in certain professions are eligible and employers must also meet certain requirements.
Whether you are an employer looking for quality employment candidates, or you are a worker looking to enter the U.S., you likely have many questions about the H-1B visa. Below, our Tampa immigration attorney answers those we most frequently hear.
What Types of Occupations Qualify for an H-1B Visa?
There are many different types of occupations that qualify for an H-1B visa. Professionals in physical, biological and social sciences, engineering, business administration, and mathematics can apply for H-1B status. Individuals must have a bachelor’s degree, at minimum. Depending on the occupation, an advanced degree such as a Ph.D. or Master’s, may be required.
Is it Difficult for Certain Professionals to Obtain H-1B Status?
Certain types of professionals may find it harder to obtain H-1B status than others. For example, sales positions can make it more challenging if specialized training is not required. Professionals in the computer industry, particularly computer programming, may find obtaining status challenging due to the fact that the minimum requirements for these positions are not always clear.
Does H-1B Status Provide a Minimum Salary?
Yes. Employers of H-1B workers must prove that they will pay the worker the actual wage or prevailing wage, whichever is greater. The prevailing wage refers to the salary workers earn in similar professions in the same geographical area of the employment. The actual wage refers to the salary the employer pays the worker in similar occupations in the same geographical area of the employment. Employers must also certify to the U.S. Department of Labor (DOL) they are paying proper wages.
What Steps Must Employers Take to Hire H-1B Employees?
After employers receive a certified Labor Condition Application they will submit an application, along with any documents to support their case, to the USCIS. Employers must also pay a filing fee when they submit their application. Certain applications will also have additional fees attached to them.
How Long Does the H-1B Visa Process Take?
The amount of time it takes to obtain anH-1B visa depends on the specific circumstances in a case. It can take six to seven months for the DOL and USCIS to process an application but processing times differ among different USCIS service centers. The processing times can be viewed on the USCIS website.
How Can an Immigration Attorney in Tampa Help?
At Florida Law Advisers, P.A., our Tampa immigration attorney helps employers present the strongest case for an H-1B visa to the USCIS. While no one can guarantee success in these cases, having legal representation from our experienced attorney can advise on whether you can apply for H-1B status, guide you through the process, and give you the best chance of a favorable outcome. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation and to get the legal help you need.
Source:
uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
