H1B Visa USA
Our office assists international professionals to apply for the H1-B Visa. The H1B Visa allows U.S. employers to recruit and employ foreign workers in speciality occupations.
H-1B Visa Requirements
Foreign workers must possess at least a bachelors degree or its equivalent (3 year degree and 3 years work experience). To qualify for the visa, the occupations require highly specialized work experience. The fields which qualify include but are not limited to: Information technology (IT), architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
Benefits of the H1B Visa
The H1B visa provides foreign workers in specialty occupations to legally live and work in the US for a total of 6 consecutive years, and entitles their spouse and children (under the age of 21) to accompany them and legally live in the USA on an H-4 visa (which allows children to attend school, however, the spouse and children cannot work unless they obtain their own work visa).
One of the premier benefits of the H1B visa is that a a worker may also apply for a ‘dual intent’ Green card and become a permanent resident if the employer is willing.
Sky Usa Law will evaluate your situation, degree and work experience to determine whether you may qualify for the H1B visa.
Renewing an H1B Visa and Maintaining Status upon Expiration
The H1B can granted initially for up to three years, and then can be extended for another three years.
The normal maximum amount of time a foreign national can remain in the U.S. in H1B visa status is six years.
Once the six year cap is reached, the foreign national must be physically outside the U.S. for one full uninterrupted year in order to “reset” the 6 year clock.
The 240 Day Rule and what happens if you are denied:
This is the H1B visa 240 day rule where an individual can continue to work for the current employer for up to 240 days after the current H-1B visa expiration if he/she is waiting for the USCIS decision on an extension of status.
This rule does not allow you to stay beyond the expiration date requested in the petition for which you are awaiting the decision.
If the application prior to the expiration of this 240 day period is denied, the employment authorization shall automatically terminate upon notification of the denial decision.
In some circumstances, H1B visa status can be extended beyond 6 years if:
1 year extension Based on Pending PERM or I-140 petition
- The foreign national is the beneficiary of an approved I-140 petition.
- The foreign national is the beneficiary of a PERM petition or I-140 petition that was filed over 365 days prior.
- The foreign national is recapturing time spent outside the US during the past 6 years in H-1B status.
You may extend your H1B status annually in one-year increments if your PERM petition or I-140 petition was filed at least 365 days prior to the day when you reach the six-year limit.
3 year extension Based on Approved I-140 petition
You may extend your H1B status for 3 years if you are the beneficiary of an approved I-140 petition but your immigrant visa number is not available.
Recapturing Time Spent Outside the US
An H1B holder may apply for an H1B extension and “recapture” days spent outside of the US.
If the H1B visa holder was outside the US in the 6 years they held H1B status, they can recapture those days in an H1B extension application.
Cap Exempt New H-1B
If you have an H-1B visa stamped in your passport and the expiration date is within the past 6 years, you are eligible for a new cap exempt H-1B.
Your new employer would apply for the cap exempt H-1B with USCIS and you would be able to start work after it is approved.
Is there a salary requirement?
Yes, we will obtain the prevailing wage determination (PWD) for your job; efficiently guide you to collect all the information and documents required for the H-1 application.
If needed, we guide you to obtain the information the H-4 application(for spouse and children).
We will also File a Labor Condition Application for approval; complete USCIS’s H-1B forms.
We will draft the petition letter for the employer; and submit a set of completed and signed H-1B petition materials to the USCIS.
We can assist you in obtaining the visa through the regular processing as well as the premium processing time frame (15 day processing) available through the USCIS.
Additionally, we can assist in extending your H1B visas and applying for Green Cards.
Contact Us to discuss your case.