H-1B
H-1B VISA
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:
- Base filing fee.
- American Competitiveness and Workforce Improvement Act of 1998 (AICWA fee).
- Fraud prevent & detection fee.
- Fee based on Public Law 111-230.
- Premium processing fee (optional), for faster adjudication within 15 calendar days.
Paid by employee:
- Visa fee involved in getting H-1B visa, amount varied by country.
- Premium processing fee (optional), for faster adjudication within 15 calendar days.
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