The H-1B visa is a special kind of program that straddles the line between temporary and permanent immigration to the United States. Technically, the H-1B visa is a nonimmigrant program that fulfills an important economic purpose. However, immigration officials know that H-1B visa recipients often consider making the U.S. a more permanent home.
The most important H-1B visa requirement is the relationship that an employer in the U.S. has with the foreign applicant. There must be an intention by an American company to provide employment, legal wages, and supervision to the foreigner.
H-1B visas are for skilled workers hired for positions that are not so easily filled. To determine if the position in fact can only be filled with a special occupation, the following criteria apply:
– The job duties are complex and specialized to the point that they can only be understood and performed by someone who holds at least a bachelor’s degree.
– The employee must be paid the actual or prevailing wage for the position, whichever is higher.
– The applicant must submit evidence of his or her specialization.
The wages paid by the American employee must be commensurate with what anyone else in that specialty occupation would be paid. What this means is that employers are not allowed to pay a pittance to H-1B visa recipients. To this effect, the salary must be certified by the Secretary of Labor by means of a Labor Condition Application.
Once the broad requirements above can be satisfied, the U.S. employer should begin the H-1B petition by means of an I-129 form submission, which is typically handled by an immigration law firm.
The H-1B application and approval processes can seem a bit complex and bureaucratic for first-time applicants. For this reason, retaining an immigration law firm to handle the process is the key to success.
For help with this or other immigration issues, don’t hesitate to reach out to KS Visa Law in San Diego. We specialize in temporary employment immigration in San Diego and can ensure any and all paperwork is filled out correctly and submitted on time. Call our office today at (858) 874-0711 for a free consultation.