Professionals In Specialty Occupations And Fashion Models
You cannot apply for an H1B visa as an individual. A U.S. employer has to sponsor your H1B visa. To sponsor you, the employer must:
If you are overseas, you must take the H1B approval notice to the American Consulate to obtain the H1B visa. If you are already in the U.S., you can start working for your employer as soon as you receive the H1B approval notice.
Note: If you are currently on H1B status, then you can start working for a new employer upon filing of the new petition.
A. Filing The H1B LCA (Labor Condition Application)
The Labor Condition Application or Attestation is filed on DOL Form ETA-9035 and is submitted through the DOL iCERT website
1. The employer must attest to the Department of Labor that:
2. Your employer may file an H1B LCA electronically through the DOL iCERT website
B. Filing The H1B Petition
An H1B petition is filed on USCIS Form I-129, along with the Form I-129H supplement and the approved Labor Condition Application (LCA) Form ETA-9035 from the U.S. Department of Labor. Your H1B petition must include:
Evidence that the proposed employment qualifies as a specialty occupation
Evidence that you have the required degree by submitting either:
A copy of your U.S. baccalaureate or higher which is required by the specialty occupation
A copy of any required licenses or other official permission to practice the occupation in the state of intended employment
A copy of any written contract between you and your employer, and a summary of the terms of the oral agreement under which you will be employed
C. Premium Processing of Your H1B Petition
You may have your H1B petition adjudicated within 15 calendar days by applying for H1B premium processing.
For an additional fee of US $1,225, the USCIS guarantees a prompt decision on your H1B petition. You will receive either an approval notice, a request for further evidence, a notice of intent to deny the petition, or a notice of investigation for fraud or misrepresentation within 15 calendar days from the date you applied for H1B premium processing. If it fails to respond within 15 calendar days, it will refund the $1,225 fee and continue to process the petition under the expedited process.
D. Applying For The H1B Visa At An American Consulate
To apply for the H1B visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:
Duration of Stay
Under current law, you can be in H1B status for a maximum period of six years at a time. After that time you must remain outside the U.S. for one year before another H1B petition can be approved. However, foreign nationals working on defense department projects may remain in H1B status for ten years
Note: You can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward lawful permanent resident status without affecting your H1B status.
Spouses And Children
Spouses and/or unmarried children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for H-4 visas.
Services Offered By VisaPro
Our experienced immigration attorneys will prepare and file all the required documents for your H1B visa application. Our services include:
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