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Los Angeles County Attorney

H-1 B Temporary work visa

This visa category applies to people who wish to perform services in a specialty occupation or services as a fashion model of distinguished merit or ability.

Eligibility requirements

The requirements for an H-1 B visa are as follows:

The job must meet one of the following criteria to qualify as a specialty occupation:

  • Bachelor's or higher degree or its equivalent is normally the minimum entry requirement for the position
  • The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
  • The employer normally requires a degree or its equivalent for the position
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

Requirement's for Job Applicant:

For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

  • Have completed a U.S. bachelor's or higher degree required by the specific specialty occupation from an accredited college or university
  • Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation
  • Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
  • Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Services that Warner Law Center Provides for H1 B Temporary Work Visa:

When WLC is retained for the H1 B Temporary Work Visa we begin communicating with sponsoring employer to collect information and documentation relevant to the offered position and the prospect foreign national employee. We review and analyze job requirements, the foreign national worker's qualifications and we explore potential issues relating to job description, qualification requirements, education, experience, etc. Resolving such issues, we then proceed to obtain a LCA Labor Condition Application with DOL Office of Foreign Labor Certification. We acquire applicant's credential evaluation certification. We advise the employer on legal procedures applicable to the job condition, based on DOL and USCIS rules and guidelines including job postings. Upon receipt of LCA we file with USCIS the Petition for Non-Immigrant Visa Worker.

H1 B Q &A:

Can you qualify without a bachelor's Degree?

  • One must have at least the equivalent of a bachelor's Degree (4-year) from a university in the United States. Three years of work experience is generally equivalent to one year of college education. You could qualify if you have six years of work experience and two years of college. The degree and work experience should be directly relevant to your job title.

How long is the visa for?

  • You can be in H-1B status for a maximum period of six years. You may be able to extend your H-1B status beyond the 6-year maximum period if same employer or a different one sponsors you for a labor certification.

How about spouse and children?

  • A spouse or unmarried child of a person with H-1B visa status may obtain an H-4 visa. Individuals with H-4 visa status cannot work in the United States, but may attend school. The spouse may also obtain his or he own H1 B visa status.

What if H-1B worker gets terminated?

  • If an H-1B worker is terminated or laid off before the end of the visa term, the employer may have to pay the cost of transporting the employee to his country of origin.
  • H-1 B workers who lose their jobs must either obtain a new H 1 B visa with another employer, change to a different immigration status or return to their home country.

Is there a limit of no. of H-1B petitions that USCIS can approve?

There is an annual limit on the number of H-1B petitions that USCIS can approve during the government's 2014 fiscal year (beginning October 1, 2013 and ending September 30, 2014). The H-1B cap for fiscal year 2014 is 65,000 (of which about 6,800 are reserved for nationals of Chile and Singapore under Free Trade Agreements with those countries).

There is an additional quota of 20,000 H-1Bs that are reserved for persons holding a master's degree or higher awarded by a college or university in the United States. To be eligible for the master's cap, the employee must have completed the master's degree program prior to the filing date. This additional quota of 20,000 H-1Bs has historically not been exhausted as early as the general H-1B quota of 65,000.

When H1 B Petition should be filed?

USCIS will begin accepting petitions for FY 2015 on April 1, 2014.

Due to improved economic conditions, it is highly recommended to submit all 2015 cap cases as early as possible. The 2014 H-1B cap reached within the first week of April 2013.

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