10 Basics About H-1B Visas

1.     Why should you care to know anything about the H-1B visa?

Because of we call care about specialty occupation employees (e.g. doctors, teachers, engineers, scientists, etc.). Either you yourself work in a specialty occupation, or you employ someone in a specialty occupation, or you or someone you care about needs the services of someone in a specialty occupation who isn’t an American.

2.  What is the H-1B visa?

It’s permission to work in the U.S. in a specialty occupation, i.e., a job that requires a four-year college degree or the equivalent.

3. Who is the H-1B visa for?

For both the employer who needs to hire a foreign professional, and obviously it’s also for the foreign professional employee.

4. When can you apply for and use an H-1B visa?

You can/must overnight the petition packet on Tuesday, March 31, 2015, to arrive at the Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (CIS) on Wednesday, April 1, 2014. Not before. Applying after this date is risky since Congress set the annual cap at 65,000 (plus 20,000 for master’s degree jobs) and historically way more than that number apply. So CIS solves this cap dilemma by drawing names from a hat. Yep. A lottery.

Monday, September 21, 2015, is the first date that an H-1B employee may enter the U.S., unless she’s already in the U.S. with some other visa status, e.g., a student visa.

Wednesday, October 1, 2015, is the first date that the H-1B employee is authorized to work.

5. Where does one apply for an H-1B visa?

California or Vermont, depending upon the job location.

6. How does an employer apply for an H-1B visa?

First, a first-time employer must get from the U.S. Internal Revenue Service (IRS) a Federal Employer Identification Number (FEIN). Next the first-time employer must email to the U.S. Department of Labor (DOL) the FEIN for “verification.”

Next, in mid-March, the employer e-files with the (DOL) the Labor Condition Application (LCA) which is a promise to obey all the requirements for hiring a foreign employee. About 5-7 working days later, the DOL emails to the employer the certified LCA.

Next, on Tuesday, March 31, 2015, the employer ships to CIS a packet of forms, fees, photos and supporting documents about the employer and the employee.

7. How much money does it take to apply for an H-1B visa?

The employer must pay to CIS:

$325 filing fee for the application

$750 data collection fee for employers with 1 to 25 full-time equivalent employees

($1,500 for employers with 26 or more full-time equivalent employees)

($2,000 if 50 or more employees in the U.S., if more than half are in H-1B or L-1 visa status)

$500 fraud prevention and detection fee

The employer or the employee may pay to CIS an optional $1,225 premium processing fee to get a decision (approval or denial) or a request for more evidence in 15 calendar days.

8. How much time does it take to get an H-1B visa?

About 2 weeks minimum to prepare the packet, then about 2-8 months to get CIS’ decision.

9. How many times can one apply for an H-1B (duration / extensions / renewals)?

It lasts for three years.

One 3-year extension is allowed, for a total of six years.

Extensions beyond six years are possible if a labor certification or green card case has been pending for 365 days.

10. Does H-1B status extend to dependents?

Good news: Yes! A spouse and children (unmarried, age 20 and younger) get H-4 status.

Bad news: They can’t work. L But that bad news should change soon; on 05/12/15 the DHS proposed allowing H-4s to work. Fingers crossed!

Disclaimer

This article is merely a summary of the law and doesn’t address possible exceptions, nor does it constitute legal advice, so before relying on this information to make any decisions you should first consult competent counsel about your specific situation.

About the Author

William Henry Humble III is an attorney at Rodriguez & Moretzsohn, PLLC, in Corpus Christi, Texas. The firm represents clients all over the U.S. and in countries around the world for all types of immigration cases including U.S. citizenship, employment-based visas, family-based visas, PERM labor certification, deportation defense, and appeals. For a free consultation, call (361) 883-8900 and mention this article!