Employment-Related

H-1 B FOREIGN PROFESSIONAL WORKER TO PERFORM SERVICES IN SPECIALTY OCCUPATION

An H-1B Visa may be issued to a foreign worker seeking to perform professional services on a temporary basis. A bachelor's degree is routinely required as a minimum qualification. To obtain an H-1B, an Employer Sponsor is required. The Employer sponsor must in turn establish that the minimum entry level requirement for the position offered requires a bachelors degree in a particular field of study, and that the applicant has such a degree. The employer must also agree to pay the alien worker the prevailing wages for U.S. workers performing the same professional services in the geographic area of employment. The H-1 B petition process takes a minimum of 45-60 days.

Examples of specialty occupations are: Health care professional (including doctors),University professors and other teachers, Engineers, Systems analysts and other computer professionals, Financial analysts and other persons in advanced business specialties, Accountants, Lawyers, architects, and other service professionals.

An H-1 B Visa can be granted in increments of up to three years, with a maximum extensions totaling no more than six consecutive years.

The Eight 8 Stage H-1B Visa Application Process

Step 1: Global Immigration Partners Chartered is advised by the company or by the prospective of employee that they want to begin an H-1B Visa Petition.

Step 2: Global Immigration Partners Chartered  provides H-1B checklists to the company and to the prospective foreign worker to assist them in gathering all necessary documentation for filing the petition. In addition Global Immigration Parters seeks to determine the minimum salary level for the H-1b employee is unavailable.

Step 3: The US sponsoring company and the prospective  foreign worker provides Global Immigration Partners with the required documentation set forth in the checklists, and a Labor Condition Attestation (LCA) Form ETA-9035 is file with the U.S. Department of Labor. In addition the US sponsor posts a copy of the ETA-9035 at the prospective work site.

Step 4: Global Immigration Partners prepares the Visa Petition Package (Form I 129H), forwarded to the employer for proper signatures, and upon return files it promptly with the appropriate CIS Service Center, along with supporting documentation and the approved ETA-9035.

Step 5: The CIS issues a Receipt Notice providing a tracking number and an estimated time for processing the case. In some cases the CIS will request additional evidence which company must provide a reply to within twelve weeks.

Step 6: The CIS issues a Notice of Approval (Form I -797) notifying the employer that the INS approves the petition.

Step 7: Upon receipt of the CIS Notice of Approval on Form I-797, if the foreign worker is in United States and in status, and a change of status was requested, before worker may begin employment on the date specified on the form I-797. If the foreign worker is not in status, he/she must exit United States and apply for a visa at a U.S. Embassy or Consul Post abroad. If the foreign worker has never entered United States, the CIS will notify the U.S. Embassy or Consul post abroad that the H-1B petition has been approved.

Step 8: For foreign workers who changed to H-1B status in the US, they will need to apply for an H-1B visa to re-enter the United States if they make any trips abroad. Foreign workers who are not in United States at the time of the CIS approval of the H-1B petition must file a Visa Application with the U.S. Embassy or Consul post where they reside or were their temporarily located. When applying for a visa overseas, the foreign worker should provide the Consul with a copy of the CIS approval notice, as well as a phone complete copy of the Visa petition that was filed by the U.S. company sponsor.

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