H1-B Visas

Essay by bjurjecUniversity, Master'sA+, February 2004

download word file, 15 pages 4.7

H-1B Visas

Of all the foreign workers coming to the United States of America, no category of workers provides an instant boost to the economy as the H-1B professionals. The H-1B is a temporary worker visa status that allows foreign nationals to come and work in the United States of America in specialty occupation for a fixed period of time, up to six full years.

Every American employer is able to hire H-1B professionals within few weeks or months, but it can take up to few years to hire someone for permanent green card status. The employment must be a professional position that requires specialized training, and a minimum of a bachelor's degree is required. Foreign students applying for work are recommended to apply for post-completion practical training before completion of their course of study. If the employment will continue beyond the practical training period, the employer may then file an H-1B petition on behalf of the employee.

The services of an experienced immigration attorney are recommended unless the employer is familiar with this process.

Employers must gain the approval of both the Department of Labor and the Immigration and Naturalization Service. For the first approval, an employer must show the individual or the company is paying the "prevailing wage" for the position, has notified other workers of intention to employ H-1B professionals, that there is not a strike or lockout at the place of employment, and that the H-1B professionals will not adversely affect the working conditions of the workers. In order to receive the second approval, the employer must show that the position is a professional position that requires specialized training and that the applicant has completed the specialized training. This entire application process takes approximately between two and four months.

If an applicant receives the approval, he...