Immigration
to USA
- General Information on Green Card and Citizenship
- H visa information
- J visa Information
- F, K, L and visitors visa information
H visa
H-1 visa is issued in following variations:
H-1A Registered Nurse
H-1B1 Specialty Occupation (Professionals)
H-1B2 U.S. department of defense special visas
H-1B3 Artists, entertainers or fashion models of national or international
acclaim
H-1B4 Artists or entertainers in unique or traditional art form
H-1B5 Athletes
H-1Bs Essential support personnel for H-1B entertainer or athlete
An H-1B classification is available, for a period not to exceed
a total of six years, to foreign employees:
Who will be incumbent in a temporary position
who will perform services in a specialty occupation
On whose behalf the employer has obtained an approved Labor Condition
Application (LCA)
H-1B visa application procedure is as follows:
Obtaining Labor Condition Application (LCA)
A: Obtaining Prevailing Wage Determination
You first need to obtain a prevailing wage determination from the
local employment office that has jurisdiction over the geographical
area of employment. Having obtained the prevailing wage for the
offered position you will then file an LCA with Department of labor
B: Applying to the US department of Labor
An LCA is an application to the US Department of Labor (DOL) whereby
an employer assures the DOL that hiring of a foreign worker would
not be detrimental to similarly situated US workers. DOL will routinely
approve the LCA if it is completed and signed. The approved LCA
will then be sent back to the lawyer for filling with the Immigration
& Naturalization Service (INS) along with petition for H-1B
classification
Filing with the INS
Filing with the INS entails submitting proof of the employee’s
qualifications and of the offered job conforming to the criteria
explained above. Additionally, certain forms will be submitted describing
the job and providing certain basic information about the employer.
Application to the INS is the last step in the H-1B classification
process. On rare occasions INS may require further documentation
to prove various elements of H-1B visa. It takes around 90 to 120
days for the INS to issue the approval notice. If an applicant is
outside the US one copy of the approval is directed to the required
consulate to issue the visa to the applicant. If the applicant is
already in the US and within status the approval notice include
a new I-94 which becomes the permission to stay. If the person wants
to travel outside US he/she is best advised to apply for a visa
from the country of last residence or home country. But as a practical
matter, a US consulate in a third country may give you the visa.
It depends upon whether or not that consulate accepts H-1 applications
from persons not connected with their consulate.
Immigration by
Countries
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