The old annual quota of 65,000 is being raised to 115,000 in 1999, 115,000 in 2000, 107,500 in 2001 and back to 65,000 in 2002.

Increased Fees:

With the new law, a $1,000 fee is required per visa petition. The employer, not the employee, must pay this fee, which is in addition to the Regular INS processing fee of $110. The increased filing fees will be used for training and educating American workers and students in math and science related fields. This fee became effective December 17, 2000.

Companies Dependent on H-1B Workers:

A company having a workforce of at least 15% H-1B visa holders is defined as H-1B dependent. These companies are subject to new recruitment and layoff attestations. Start-ups and small companies can be defined as non-dependent, however they must attest that they either have at least 25 employees (no more than seven can be H-1B holders), or if they have 26-50 employees, no more than 12 can be H-1B holders. In addition, H-1B dependent companies must hire candidates with master degrees, or pay all new hires at least $60k per year to avoid the new recruitment requirements.

Recruitment Requirements on Dependent Employers:

H-1B dependent companies must attest:

1. They hire following the industry wide standards.
2. The H-1B applicant is as qualified, or more qualified, than any U.S. applicant.

Employers Must Offer Equal Access to Benefits:

Employers must offer H-1B employees the same access to benefits that are offered to similarly employed U.S. workers.

Layoff Protection for U.S. Workers:

Three types of layoff protection are offered by the new H-1B legislation:

1. An H-1B dependent company must attest that it will not lay off a U.S. worker that has been in the same job for 90 days before or after the filing of an H-1B petition.
2. An H-1B dependent company acting as a contractor must attest that it will not place an H-1B worker in another company to fill the same job held by a laid off U.S. worker for 90 days before or after the date of placement.
3. If a U.S. employer intentionally underpays an H-1B employee and replaces a U.S. worker, the employer will be fined $35,000 per violation and subject to a 3 year exclusion from all employment immigration programs.

H-1B Visa DESCRIPTION

• Employers in the United States that wish to employ foreigners in professional positions for "specialty occupations" may submit petitions to the INS requesting H-1B status for these foreigners.

• The temporary professional visa (H-1B) allows professionals to enter the United States and get temporary employment for "specialty occupations" within their profession.

• This visa is often utilized by engineers, professors, researchers, computer scientist, nurses and other professionals as a means to gain valuable work experience in the United States while receiving an income.

• It is sought by foreign nationals who have completed their professional training either in the United States or abroad, and is subject to annual quota restrictions.

H-1B Visa ADVANTAGES

Permission to Work

• With a H-1 Visa professionals may enter the United States and accept employment in a professional capacity for a temporary period.

Earnings

• The professional is allowed to receive a salary from the employer.

Duration

• The H-1B visa is issued in increments not to exceed a total stay of six years.

Spouses & Children

• Spouses and children under twenty-one years of age are allowed to remain in the United States for the duration of the H-1B visa holder's authorized stay.
• They are issued H-4 visas and are not permitted to work as H-4 visa holders.

Dependants Permitted To Attend School or College.

• The spouse and children under twenty-one years of age are permitted to attend school on their H-4 visa status.

Multiple Employers

• More than one H-1B visa petition may be in effect simultaneously, allowing the H-1B temporary professional to work for two employers during the same time period.

Registered Nurses

• For registered nurses a special H-1A visa is avilable .

H-1B Visa REQUIREMENTS

Professional

• The applicant must possess the appropriate academic degree or equivalent by experience through increasily responsible positions.

• If the applicant has a foreign degree, the Immigration Service may require a credential evaluation.

Employment

• There must be an employer in the United States offering the professional employment.

• The offer of employment must be limited to services within a "specialty occupation" which requires theoretical and practical application of a body of highly specialized knowledge and a bachelor's or higher degree in the specific specialty as a minimum for entry into the occupation.

• A H-1B Visa holder can be employed full or part time.

Licensure

• Where licensure is required to practice a profession, the applicant must hold appropriate licensure under state law.

Employer

• The employer must complete the Labor Condition Application procedure with the United States Department of Labor.

• The Department of Labor must approve the employers Labor Condition Application.

• The employer must agree to pay transportation cost if the employer terminates employment prior to the end of the authorized employment.

Petition Approval

• The H-1B visa may not be issued until the Immigration & Naturalization Service have approved the employer’s petition.

H-1B Visa LIMITATIONS

No Work before the Approval

• Employment may not begin until the Immigration & Naturalization Service has issued its approval and the appropriate visa issued.

Changing Employers

• Employers may be changed during the six year H-1B visa duration, but only upon approval of the new employer and by the Immigration & Naturalization Service.

Quota

• There is an annual numerical quota for the H-1B visa (specialty occupation).

Spouse & Children Not Allowed to Work

• The spouse and children of the H-1B visa holder are not permitted to work.

H-1B Visa PROCEDURE

Step 1: Wage Determination Form

• The employer must file a Wage Determination Form with the local (state) Department of Labor to ensure that the employer is paying "the prevailing wage" for that kind of job and profession.

• The Wage Determination Form must be certified by the Department of Labor.

Step 2: LCA ? Form ETA 9035

• The employer petitioning for H-1B status must file a labor application 'LCA' with the U.S. Dept of Labor.

• The LCA (form ETA 9035) must be certified by the DOL before the H-1B petition is filed with the Dept. of Labor.

Step 3: Form I-129

• The employer files with form I-129 with the INS. A decision is usually issued in two to six weeks.

H-1B Visa DOCUMENTS NEEDED

Specialty Occupation

• An H-1B holder is an alien coming temporarily to perform services in a specialty occupation.
• A specialty occupation is one which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty.
• The petition must be filed by the U.S. employer, and must be filed together with:

• An approved labor condition application from the Department of Labor;
• Evidence that the proposed employment qualifies as within a specialty occupation;
• Proof that the alien has the required degree by submitting either:
  • A copy of the person's U.S. baccalaureate or higher degree which is required by the specialty occupation.
  • A copy of a foreign degree and evidence it is equivalent to the U.S. degree, or
  • Evidence of education and experience which is equivalent to the required U.S. degree;
  • A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
• A copy of any written contract between you and the alien or a summary of the terms of the oral agreement under which the alien will be employed.

Services of exceptional nature

• An H-1B is also an alien coming to perform services of an exceptional nature relating to a cooperative research and development project administered by the Department of Defense.
• A U.S. employer may file the petition.
• It must be filed with:
• a description of the proposed employment and evidence the services and project meet the above requirements; and
• a statement listing the names of all aliens who are not permanent residents and have been employed on the project within the past year, together with their dates of employment.

Artist, Entertainer, Fashion Model of International Acclaim

• An H-1B is also an artist, entertainer or fashion model who has national or international acclaim and recognition for achievements, individually or, in the case of entertainers, as part of a group, to be employed in a capacity requiring someone of distinguished merit and ability
• It must be filed with:

• copies of evidence the alien or group is nationally or internationally recognized in the discipline by submitting at least 3 different types of documentation showing that the group:

• has performed and will perform as a starring or leading entertainment group in productions or events which have a distinguished reputation as proofed by critical reviews, advertisements, publicity releases, publications, or contracts,
• has achieved national or international recognition and acclaim for outstanding achievement in their field as evidenced by reviews in major newspapers, trade journals, magazines, or other published material,
• has received significant national or international awards or prizes for outstanding achievement in their field,
• has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation,

• has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as ratings, or standing in the field, box office receipts, record, cassette, or video sales, and other achievements in the field as reported in trade journals, major newspapers, or other publications,

• has received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field,

• has received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field,

• commands a high salary or other substantial remuneration for services, evidenced by contracts or other reliable evidence;

• copies of evidence that the services to be performed require a person of distinguished merit and ability and either:

• involve an event, production or activity which has a distinguished reputation; or

• the services are as a lead or starring participant in a distinguished activity for an organization or establishment that has a distinguished reputation or record of employing persons of distinguished merit and ability.

Artist, Entertainer in Unique or Traditional Art Form

• An H-1B is also an alien coming temporarily to perform as an artist or entertainer, individually or as part of a group, in a unique or traditional art form.
• A U.S. employer or foreign employer may file the petition.
• It must be filed with:

• A description of the proposed activities and evidence that they constitute a unique or traditional art form;
• Affidavits, testimonials or letters from recognized experts attesting to the authenticity and excellence of the skills of the alien or group in presenting the unique or traditional art form and explaining the level of recognition accorded the alien or group in the native country and the U.S.;
• Copies of evidence that most of the performances or presentations will be culturally unique events sponsored by educational, cultural, or governmental agencies; andEither:
  • An affidavit or testimonial from the ministry of culture, USIA Cultural Affairs Officer, the academy for the artistic discipline, a leading scholar, a cultural institution, or a major university in the alien's own country or from a third country,
  • A letter from a U.S. expert who has knowledge in the particular field, such as scholar, arts, administrator, critic, or representative of a cultural organization or government agency, or
  • A letter or certification from a U.S. government cultural or arts agency such as the Smithsonian Institution, the National Endowment for the Arts, the National Endowment for the Humanities, or the Library of Congress.

Athlete

• An H-1B is also an alien coming temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at a nationally or internationally recognized level of performance
• A U.S. employer or foreign employer may file the petition.
• The petition must be filed with:

• A copy of the contract with a major U.S. sports league or team or contract in an individual sport commensurate with national or international recognition in that sport.
• Copies of evidence of at least 2 of the following:
  • Participation to a substantial extent in a prior season with a major U.S. sports league,
  • Participation in international competition with a national team,
  • Participation to a substantial extent in a prior season for a U.S. college or university in intercollegiate competition,
  • A written statement from an official of a major U.S. sports league or an official of the governing body of the sport detailing how the alien or team is nationally or internationally recognized,
  • A written statement from a member of the sports media or a recognized expert in the sport detailing how the alien or team is nationally or internationally recognized,
  • The individual or team is ranked if the sport has national or international rankings, or
  • The alien or team has received a significant honor or award in the sport.

H-1B Accompanying Support Personnel.

• Accompanying support personnel are highly skilled aliens coming temporarily as an essential and integral part of the competition or performance of a H-1B artist, entertainer or athlete because they perform support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance or services by the H-1B.
• The foreign national workers must each also have significant prior work experience with the H-1B foreign national worker.
• The petition must be filed in conjunction with the employment of a H-1B alien.
• The petition must be filed with:

• a statement describing the alien's prior and current essentially, critical skills and experience with the H-1B;
• statements or affidavits from persons with first hand knowledge that the alien has had substantial experience performing the critical skills and essential support services for the H-1B; and
• a copy of any written contract between you and the alien or a summary of the terms of the oral agreement under which the alien will be employed.

H-1B Visa PROCESSING TIME - these times will vary depending on the location (State) of the employer and the time of year (quota)

• LCA: 1-3 Days
• INS - New Petition: 60-90 Days
• INS - Transfer: 60-90 Days
• INS - Premium Processing Service: 5-15 Days

H-1B Visa COSTS

• The price of this service is $1,500. $1,000 is required as a deposit and $500 is due upon INS approval.
  + immigration filing fee
  + translation fee if necessary
  
  

If you would like one of our Immigration Attorneys to assist you in your H-1B Temporary Professional Worker Visa Petition, the following is an overview of how the process will work:

1. You complete the form below requesting a Retainer Agreement.
2. We e-mail, fax or postal mail you the Retainer Agreement.
3. You sign and mail us the Retainer Agreement with the deposit required to begin the case. Please remember to make a copy of the Retainer Agreement for your own records.
4. When we receive the Retainer agreement and deposit, we will forward you a questionnaire and a list of required supporting documents.
5. You complete and return the questionnaire so our we may complete the application forms.
6. We send you the completed application forms to sign.
7. You return the signed application forms along with the required supporting documents to us.
8. We file the Prevailing Wage Application.
9. We receive the prevailing wage.
10. We file the Labor Condition Application.
11. We receive the approved Labor Condition Application.
12. We file the Petition with the Immigration and Naturalization Service.
13. We follow up with the INS until your petition is approved.

Step #1: Request a Retainer Agreement:

To request a retainer agreement or to have somebody contact you to discuss your case, you may call our office at:

Phone: 1-718-397-0530
Toll Free: 1-877-877-7680

Alternately, you may e-mail us at: usavisacenter@tancinc.net

or you may complete and submit the form below:

Please Complete All Fields Before Clicking "Submit"