H Visas

There are the following categories of H1 Visas:

  • H-1B1 Specialty Occupations
  • H-1B2 Department of Defense Researcher and Development Project Worker
  • H1-B3 Fashion Model
  • H-2A Agricultural Workers
  • H-2B Non-Agricultural Workers
  • H-3 Non- Immigrant Trainee

H1-B1 Specialty Occupations

As companies strive to maintain their competitive edge in an ever competitive world, they look to recruit the best talent to give them the edge, They recruit from both domestically and internationally. The H-1B visa allows the businesses with US presence to recruit foreign nationals to work in the United States in a variety of professions which include Information Technology, Medical and Scientific Research, Banking and Finance, Education and Manufacturing. In order for a job to qualify as a Specialty Occupation, its minimum requirement should be a Bachelors or higher degree. The H-1B applicant must meet one of the following criteria:

  • must have a US Bachelor’s or higher degree from an accredited institution of Higher Education
  • must have a foreign degree equivalent to a US Bachelor’s or higher degree
  • must have an unrestricted state license, registration, or certification which allows them to practice the specialty occupation and be engaged in that specialty in the state of intended employment.
  • must have education, training, or progressively responsible experience in the specialty occupation that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through greater responsibilities in the  positions directly related to the specialty occupation.

H-1B2 DOD Researcher and Development Project Worker

The requirement for this position is same as for H-1B1 visas but the beneficiary does not have to file a Labor Condition Application.

H-1B3 Fashion Model

In order to qualify for the  H-1B3 visa, the position must require a fashion model of prominence. To be eligible for this visa category you must be a fashion model of distinguished merit and ability.

Period of Stay

The non-immigrant H-1B visa allows the beneficiary to stay and working the United States for up to three years. This can be extended for another three years for a total stay of 6 years. There are exceptions to this and we advise that you speak to an immigration lawyer for further details.

Family of H-1B Visa Holder

The spouse  and unmarried children (under 21 years) may apply for an H-4 visa. As of May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can apply for Employment Authorization, as long as the H-1B holder has started the process of seeking employment-based lawful permanent resident status.

H-1B Process

Once you have met with one our immigration Lawyers and we have determined that your academic as well as work background qualifies for the H-1B visa, we will start the process by filing a Labor Condition Application. Once the Labor Condition Application has been approved, we will proceed to file the H-1B petition on your behalf.

H-1B Cap

Currently there is a limit of 65000 H-1B1 non-immigrant visas which are issued every year (commencing October 1 until September 30th the following year). There are also an additional 20,000 visas available to foreign nationals with a Masters degree from US institution of higher education. The United States Citizenship and Immigration Services (USCIS) begins accepting applications for H-1B Visas towards the H-1B CAP on April 1 of each year. H-1B workers who are petitioned employed or petitioned by an higher education institution or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.

Please be advised that in the past few years, USCIS has received more than enough applications in the first few days after April 1st to fill the available quotas for both the general category (65, 0000) as well as Advanced Degree Category (20, 000).

H-1B Filing Fees

The following filing fees for the H-1B visa are required  :

  • H-1B Application fee: $325
  • Fraud Prevention & Detection fee: $500
  • AWIA Fee*: $1500 (more than 25 employees) or $750 (25 or fewer employees)

*American Competitiveness and Workforce Improvement Act (ACWIA)

Premium Processing Service

For a optional fee of $1225, a business can request that an application filed on their behalf be processed and petitioner notified within 15 calendar days. The USCIS will issue an approval, a request for more information or notice to deny or to investigate within the 15 days. If the USCIS is unable to respond within the 15 calendar days, it will refund the premium processing fee and continue to process the application under the premium processing service. The Premium Processing Service is only available for employment–based petitions such as H-1B.

H-2A Agricultural Workers

The H-2A program allows U.S. employers  to bring foreign nationals from certain countries to the United States to fill temporary agricultural jobs. The employer must file H-2A petition for Nonimmigrant Worker on the worker’s behalf. The job offered should be temporary of seasonal and show that there are not enough US qualified workers to do the work and that the position offered will not affect the wages of US worker employed in a similar job.

Period of Stay

The worker can stay in the United States for the period stated on the temporary labor certification. This visa can be renewed for one year each time for a total period of 3 years.

Families of H-2A Workers

An H-2A worker’s spouse and unmarried children under 21 years of age may apply for a  H-4 nonimmigrant visa.  The workers family is not eligible for employment in the United States while in H-4 status.

H-2B Non-Agricultural Workers

The H-2B  visa allows employers to bring foreign nationals from certain countries to the United States to fill  nonagricultural temporary job openings. The US employer must file n a prospective worker’s behalf. The employer must file H-2B petition for Nonimmigrant Worker on the worker’s behalf. The job offered should be temporary and show that there are not enough US qualified workers to do the work and that the position offered will not affect the wages of US worker employed in a similar job.

Period of Stay

The worker can stay in the United States for the period stated on the temporary labor certification. This visa can be renewed for one year each time for a total period of 3 years.

Families of H-2B Workers

An H-2B worker’s spouse and unmarried children under 21 years of age may apply for a  H-4 nonimmigrant visa.  The workers family is not eligible for employment in the United States while in H-4 status.

H-2B CAP

The United States congress has set a limit of 66, 000 H-2B visas per fiscal year (October 1st- March 31st) with 33, 000 H-2B set aside for workers who begin work in the first half of the fiscal year and 33, 000 for those to start in the second half of the fiscal year. Any H-2B visas not allocated in the first half of the year are available for the second half.

H-3 Nonimmigrant Trainee/Special Education Exchange Visitor

The H-3 nonimmigrant visa allows foreign nationals to temporarily visit the United States to :

receive training in any field of endeavor (other than graduate medical training) that is not available in the foreign nationals’ home country.

or

participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

Some of fields for which the H-3 visa is available are Agriculture, commerce, communications, Government, and finance. The H-3 visa is not available for employment in the United States, it is intended to provide the foreign nationals with training that they can use in their work in their home country.

Period of Stay

The trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a participant in the special education exchange program they may remain in the United States for up to 18 months.

Family of H-3 Visa Holders

Trainees’ spouses and children who are under the age of 21 may accompany the H-3 Visa holder to the United States as H-4 nonimmigrants. H-4 nonimmigrants are not permitted to work in the United States.

Frequently Asked Questions about the H-1B Visa

Why are there differences in the time taken to process H-1B1 visa applications?

The time taken to process an H-1B1 application (even if the visas were filed at the same time) differ depending on the USCIS center processing the application as well the workload of the USCIS officer handling the application. There is nothing that our law offices can do to influence this process.

How long can I stay in the US on an H-1B status?

Generally, a person can work in the United States on an H-1B1 status for up to six years – the initial approval is given for three years which can be subsequently extended by another 3 years with an extension of stay being filed. If the applicant wishes to stay in the United States beyond the 6 years then a labor certification must be filed for the applicant 365 days prior the time limit of 6 years expires and if there is an approved I-140 visa petition on behalf of the applicant and there is no immigrant visa number availability for the applicant to apply for legal permanent residency.

See what one of our clients had to say about our Business Immigration Lawyers in Boston

“Thank you so much for all of the hard work you have put in to the process of helping me become a permanent resident. This has been a long journey that has been challenging at times. It has taken 6 years, 3 jobs, 2 states, 2 renewals of my H1-B, multiple trips to embassies/consulates in 3 different countries, newspaper advertisements, resumes, countless phone calls and emails, one nerve-wracking passage through immigration on my most recent trip and a miraculous turn of events in my getting the green card less than 2 months after the PERM was filed. There are no words to express my gratitude – All I can say is thank you.

You have been the utmost professionals through this process, and have been helpful, accurate, timely, and informative with all of your advice at every critical juncture in the process. I give your firm my highest recommendation and will refer anyone who is going through the PERM process to you.”
A Greig

 

How can the Business Immigration Attorneys in Boston help you….

The Law Office of Trupti N Patel & Associates, Immigration Lawyer Boston has helped both start-ups as well as established companies in several fields nation-wide file H-1B visas over the past 15 years. If you would like a consultation with one of our immigration lawyers please call us at (617) 367-6750 or click here to submit a consultation request regarding the H-1B or any other temporary work visa.

If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office

Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750