What is an H-1B Visa?

The H1B work visa category includes workers in specialty occupations, fashion models, foreign nationals involved in Dept. of Defense research and development or coproduction projects. H1B Exemptions

Who can be an H-1B Sponsor?

U.S. employers (US companies or individuals) can sponsor H-1B workers.

What are the H-1B Specialty Occupation Requirements?

The specialty occupation definition encompasses the definition of professional developed by (legacy) INS before the Immigration Act of 1990 (IMMACT 90) created the specialty occupation category. The H1B petition for specialty workers is issued if: 1) the position is a "specialty occupation" and 2) if the beneficiary meets the requirements for the occupation.

Are professional workers a source of cheap foreign labor?

No. Every employer who files an H1B for a specialty occupation worker petition with the US Citizenship and Immigration Services has to attach a certified labor condition application attesting that the employer is paying 100% of prevailing wage or actual wage (determined by occupation and area of intended employment) whichever is higher. This prevailing wage is set by the State Workforce Agency or determined by a survey that meets Dept. of Labor's regulatory criteria and it includes a skill level determination. The employer is also required to provide similarly situated foreign national employees the same benefits as US workers. Add to that U.S. Citizenship and Immigration Services filing fees.

How do I obtain an H-1B visa?

The H1 B visa application process is as follows: If the petition is approved, the applicant will have to apply at the US Consulate or Embassy where the applicant resides for a visa to present him or herself for inspection at the US port of entry unless the applicant is visa exempt in which case he or she  will avoid having to pay visa fees to have the H 1B visa stamp placed on the passport. Revalidation of an H 1B visa must be made outside the US.

Who is eligible to transfer an H-1B to a new employer or file for an extension of status?

A foreign national who: 1) has been lawfully admitted into the United States; 2) on whose behalf an employer has filed a non-frivolous extension or petition for new employment before the date of expiration of the period of stay; 3) and who after entering has not been employed without authorization before filing the extension.

What about family members?

Admissible accompanying or following to join spouses and dependent children under 21 cannot work in H-4 status but they can live in the US during the same time period as the principal foreign national. All H categories are allowed to bring domestic help if they meet regulatory requirements.

How can we help you?

We assist employers and individuals to comply with complex regulatory requirements. We discuss all possible, available options with both, and we assist individuals to qualify for H-1B status. Ms. Cordon has qualified hundreds of individuals for H-1B status. She also litigated and won the case that preserves the rights of teacher interns enrolled in an alternative certification programs in Texas to qualify for H-1B specialty occupation classification. We also prepare all petitions and applications and review supporting documentation.