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H-1B Specialty Occupation Workers
Q : What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.
Q : What is a specialty occupation?
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelorÂ’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
Q : Is there an annual limit on the number of H-1B aliens?
Yes. The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status in FY2004. (The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and FY2003.)
Q : How does one apply?
H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file the certified LCA with a Form I-129 petition plus accompanying fee of $130. (Prior to FY2004, employers were required to submit an additional $1,000 fee to sponsor the H-1B worker, unless specifically exempt.) Based on the USCIS petition approval, the alien may apply for the H-1B visa, admission, or a change of nonimmigrant status.
Q : How long can an alien be in H-1B status?
Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period, when:
365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or 365 days or more have passed since the filing of an EB immigrant petition.
Q : Who can an H-1B alien work for?
H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.
Q : What if the alien's circumstances change?
As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not mean that an alien is out of status. An alien may change H-1B employers without affecting status, but the new H-1B employer must file a new Form I-129 petition for the alien before he or she begins working for the new employer. The merger or sale of an H-1B employerÂ’s business will not affect the alienÂ’s status in many instances. However, if the change means that the alien is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Q : Can an H-1B alien travel outside the U.S.?
Yes. An H-1B visa allows an alien holding that status to reenter the U.S. during the validity period of the visa and approved petition.
Q : Can an H-1B alien intend to immigrate permanently to the U.S.?
Yes. An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H-1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the U.S.Accurate and Persuasive Case Preparation
Submitting an immigration case is not simply a matter of filling out the correct government forms. At PowerVisa we don't simply prepare and file forms, we prepare and file your individual and unique case. Your case is unique and deserves to be presented to the government with all its strengths, not just as another set of forms. We prepare and file each client's case with the personal attention it deserves. We think outside the box and prepare each client's case as a comprehensive filing package, highlighting the unique strengths of each case. We guarantee the accuracy of our filings and guarantee that your case will never be rejected for improper or incomplete filing.
Making Your Case - Supporting Document Guidance
The strength of your case not only requires persuasive and accurate forms,it also requires presenting your supporting documents in the strongest light. We provide all PowerVisa Clients with a comprehensive Supporting Document Checklist, listing all required and supporting documents needed for filing your case. We provide individual guidance on how to identify and locate hard-to-find persuasive documents, and suggestions on selecting the strongest documents as evidence. We also provide clients with a secure online account for uploading and submitting required documents in digital format.
Department of State Forms Preparation
For our consular processing clients, we prepare and submit up-to-date versions of all required Department of State forms, in accordance with State-prescribed format and the highest professional standards.
Communications with the USCIS
As your attorney of record, we conduct all necessary phone, email and fax communications with the USCIS on your behalf.
Communications with State Department
For our consular processing clients, we conduct all necessary phone, email and fax communications with the National Visa Center, and the U.S. Consulate and Embassy abroad.
Visa Interview Guidance
For our consular processing clients, we provide detailed guidance on how to properly prepare for and conduct the visa interview at the U.S. Consulate abroad, including guidance on what to say, and what not to say, where to go, when to appear, etc. We also provide a list of sample interview questions that the examining consular officer is likely to ask during the visa interview.
Client Updates
We keep clients informed of their case status at all times. We promptly provide clients with courier service tracking numbers and USCIS receipt numbers, including links for monitoring delivery status and case progress online.
Attorney Communications
Our clients enjoy direct email and telephone access to their attorney, during regular office hours, throughout the duration of their case. Clients can expect all emails and phone calls to be returned promptly.
Expediting Your Case
We prepare and submit your case within a maximum of five business days from receiving all requested information and documentation from you. Once submitted, we make all reasonable efforts to see that your case is processed within the shortest time frame possible. If there is a way to speed the process up for you, we will get it done.
Approvability and Risk Assessment
We thoroughly review and evaluate the merits of each case to determine the client’s preliminary eligibility for the benefits sought. If we determine that a client’s case may have trouble being approved, we work with the client to determine an appropriate strategy for overcoming any red flags or issues of approvability prior to filing. If there is a high risk of denial, we will let the client know and proceed with filing only after informed consent.
CLIENT TESTIMONIALS
(published with permission)
“I was at first hesitant about securing legal assistance via the internet, especially in regards to such a personal and important issue. I was quickly set at ease by the professionalism, genuine concern, accessibility, knowledge and overall productivity/performance of our PowerVisa attorney. I will continue to recommend PowerVisa to anyone and everyone I encounter with similar issues. Thanks!”
- Trenton Franklin, San Antonio, Texas
“Excellent! Our attorney was Theodore. He guided us through all the steps. He gave us advice and was always there for us. He exceeded our expectations, going above and beyond what was required.”
- Heidi & Charmain Lisenbee, Miami, Florida
“My PowerVisa attorney was very well prepared when helping me through my process. He was a very smart attentive lawyer.”
- Carlos Alvarado, Longmont, Colorado
“Our attorney was very professional, courteous and detail-oriented through the whole process. All of my queries were answered in a timely fashion and I was always made aware of any trap doors far in advance, which led to a successful conclusion of my visa request. I would highly recommend this service for anyone seeking immigration help.”
- Anonymous Client, U.S.A.
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