The H-1B is a non-immigrant visa in the United States which allows the United States employers to temporary employ foreign workers. The current annual cap for the H-1B visas is 65,000. Additional 20,000    visas are available to foreign nationals who obtained a U.S. Master’s degree or higher.

The applicant must meet the following five requirements:

1.  Applicant must have an employer-employee relationship with the petitioning United States employer;

2.  Applicant’s job must qualify as a specialty occupation by meeting one of the following criteria:

  • The employer normally requires a degree or its equivalent for the position;
  • The degree requirement is common for the position in the industry;
  • A bachelor’s degree or higher degree or its equivalent is generally the minimum requirement for the particular position; or
  • The nature of the specific duties is so specialized and complex that the knowledge required is usually associated with the attainment of a bachelor’s or higher degree.

3.  Applicant’s job must be in a specialty occupation related to the applicant’s field of study;

4.  Applicant must be paid at least the actual or prevailing wage for the applicant’s occupation, whichever is higher; and

5.  An H-1B visa number must be available at the time of filing the petition, unless there is an exemption.

Filing Fee

Paid by Employer:

  1. Base filing fee.
  2. American Competitiveness and Workforce Improvement Act of 1998 (AICWA fee).
  3. Fraud prevent & detection fee.
  4. Fee based on Public Law 111-230.
  5. Premium processing fee (optional), for faster adjudication within 15 calendar days.

Paid by employee:

  1. Visa fee involved in getting H-1B visa, amount varied by country.
  2. Premium processing fee (optional), for faster adjudication within 15 calendar days.

Call KZ Law Offices today to schedule your consultation at (781) 343-1606.

Kat Shnayder

Kat (Katya) Shnayder, Esq.
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