H1B Visa

Q:  I have received H1B sponsorship.  Can my family accompany me to the US?

A:  Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification.

Q:  I am an H1B visa holder and would like to bring my parents to the United States, can I sponsor them?

A:  No.  A person in H1B status cannot sponsor his or her parents.  Your parents may apply for a Visitor Visa (B-2 Visa) to visit you temporarily.

Q:  How do I apply for an H-1B visa?

A:  You must receive H1B sponsorship from a U.S. employer, and the U.S. employer must apply for an H-1B Visa for you.

Q:  I want to come to the U.S. on an H-1B Visa.  Can you help me find an H-1B sponsor?

No.  Our firm cannot advise individuals on how to find an H-1B sponsor.

Q:  I am a U.S. employer.  How do I apply for H1B sponsorship for my foreign employee?

A:  You must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position and the working conditions offered. You must then file the certified LCA with USCIS along with a Form I-129 petition plus accompanying fees.

Q:  What is a “Specialty Occupation” required for an H1B visa?

A:  The job must meet one of the following criteria to qualify as a specialty occupation:

1.  Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position; or

2.  The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree; or

3.  The employer normally requires a degree or its equivalent for the position; or

4.  The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Q:  What kind of evidence or documents will a U.S. employer need to file an H-1B visa application?

A:  The U.S. employer will need the following documents:

1.  A certified labor condition application (LCA) from the U.S. Department of Labor;

2.  Copies of evidence that the proposed employment qualifies as a specialty occupation;

3.  Evidence the individual 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 determined to be equivalent to the U.S. degree; or

• Copies of evidence of education and experience which is equivalent to the required U.S. degree;

4.  A copy of any required license or other official permission to practice the occupation in the state of intended employment; and

5.  A copy of any written contract between the employer and the individual or a summary of the terms of the oral agreement under which the individual will be employed.

Q:  How can I expedite my H-1B Visa application?

A:  In order to expedite your H1B application you must file a Request for Premium Processing Service, Form I-907, with the appropriate fee.

Q:  I am an H1B visa holder.  How long can I stay in the U.S. on H1B status?

A:  As an H-1B visa holder, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years.

Q:  I have received H1B sponsorship.  Can my family accompany me to the US?

A:  Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification.

Q:  I am an H1B visa holder, and my family is in the U.S. with me.  Can my family members apply for work authorization?

A:  No.  Family members in the H-4 nonimmigrant classification may not engage in employment in the United States.

Q:  I am an H1B visa holder.  Can I travel outside the US?

A:  Yes.  An H-1B  visa allows a nonimmigrant holding and maintaining that status to reenter the U.S. during the validity period of the visa and approved petition.

Q:  I am an H1B visa holder, but I have been terminated by my U.S. employer.  Is my employer obligated to pay for my return transportation to my home country?

A:  Yes.  Your employer will be liable for the reasonable costs of your return transportation if your employer terminates you before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign your position.

Q:  I am an H1B-Visa holder.  Can I change employers?

A:  Yes.  You may change H-1B employers without affecting your H1B status, but your new H-1B employer must file a new Form I-129 petition before you begin working for the new employer.