H-1B Temporary Work Visas

These are temporary work visas restricted to individuals who possess a minimum Bachelor’s degree or its equivalent based upon a degree itself or a combination of education and related work experience. The H1B must be filed by the petitioning US employer on behalf of the foreign worker for either part-time or full-time position. The offered position must normally require, at minimum, a bachelor’s degree in a specific field to perform the required job duties. The government forms required for filing for work visas are deceptively easy to complete, but obtaining approval is not simple. Precise supporting documentation for each category desired is required in addition to the completion of the forms.

For H1B’s the employer must first obtain a certification from the U.S. Department of Labor referred to as a Labor Condition Application (LCA). The LCA is a complex form that mandates the employer to attest to specific facts about the exact wage being offered, the working conditions and precise notice provisions as it regards each worker. The Labor Department has been known to conduct audits at work sites following approval of H1B cases to assure that the attestations contained in the LCA are being complied with especially the payment of the required prevailing wage contained in the LCA.

Employers are required to maintain a public access file with the documentation used to secure the approval of the H1B petition. In addition the Employer is required to pay the government filing fees for H1B workers. 

An H1B worker is provided an initial three year period of work authorization with the sponsoring employer and a three year extension is possible. An H1B has a six year limit which in some circumstances can result in further extensions.

 We can assist you with all aspects of the H1B process, including:

  • Assist with academic evaluation of your foreign transcripts, diplomas, and degrees to determine whether they are equivalent to US academic degrees.  Relevant employment experience combined with an academic history can assist non-university graduates with obtaining degree equivalencies.
  • Preparation and Submission of specific job descriptions to obtain localized prevailing wage determinations required for H1B candidates.
  • Preparation and Submission of specific job descriptions to obtain localized prevailing wage determinations required for H1B candidates.
  • Presentation of temporary visa applications for submission to US Immigration Service and responding to the ever more demanding Requests for Additional Evidence that Immigration sends out after receiving initial petitions from US employers.
  • Assist with spouse and dependent applications both in and outside the US so family may join foreign worker in the US.1b