• NONIMMIGRANT WORK VISAS - DETAILS

    H-1B visa

    H-1B visas are a special type of nonimmigrant visa that allows an applicant working in a “specialty occupation” to obtain a visa that she may live and work in the United States legally, and travel back and forth abroad.

    “Specialty occupation” is defined to be an occupation that requires a Bachelor’s Degree, or four years of college education, or the equivalent thereof. If you are lacking in the requisite number of years of education, you may substitute three years of experience in the field for every one year of education that you lack. Examples of specialty occupations include: engineers, accountants, financial consultants, architects, most teachers and professors, graphic designers, and fashion designers.

    Note: just having a college degree does not make one eligible for an H-1B visa; we also must prove to the government’s satisfaction that the duties of the position require it.

    The basic requirements are as follows:

    1. The position for which the applicant is being sponsored must be a “specialty occupation” (i.e. it must require a Bachelor’s Degree or equivalent to perform the duties).
    2. The applicant must have a Bachelor’s Degree or the equivalent.
    3. The applicant’s education and/or experience must qualify him to perform the duties of the position.
    4. The applicant must have a potential employer willing to sponsor him for the visa.
    5. If the applicant is in the United States and wants to change status here without leaving, he must currently be in valid status.

    Please note that, under the current law, the government only issues 65,000 visas of this type per year. Each calendar year, companies can apply as early as April 1 to obtain visas for potential employees that will begin on October 1 of that same year. The numbers fill up quickly, so it is important that employers file the petition on April 1 or as quickly thereafter as possible.

    Documents/Information from the Applicant:

    • Copies of Professional Degrees, Diplomas and Certificates
    • It is also helpful to have a copy of your college transcript.
    • If you do not have a four-year degree, we will most likely need to substitute experience for education, in which case we would also need letters from previous employers.
    • Copy of Passport ID, Visa and I-94 – This is applicable only if you are currently in the United States.
    • If you previously were present under student visa status, then we will also need a copy of your most recent I-20.
    • If you previously were present under work visa status, then we will need a copy of your most recent visa or approval notice.
    • Most recent W-2 statement and pay stubs from the last two months - This is required only if you are currently in H-1B status and are now being sponsored by a new employer.
    • Other Information: Full name, address, SS number, country of birth, country of citizenship.

    • Documents/Information from the Employer/Sponsor:

    • Company manual, brochure or website that provides information about the company and the services it provides. A print-out of the company website can suffice.
    • Information Regarding Position:
      • Title of the position being sponsored
      • The duties that go along with the position
      • The salary offered.
    • Other Information:
      • The company’s Federal Employer Identification Number (FEIN)
      • Number of employees
      • The year the employer/company started doing business
      • Approximate gross annual revenue