H-1B VISAS -- FOREIGN TEMPORARY WORKERS

Q. What is an H-1B?

A. An employer seeking to employ a foreign worker temporarily in a specialty occupation uses the H-1B program. Specialty occupations require theoretical and practical application of a body of highly specialized knowledge along with at least a bachelor's degree or its equivalent. Examples include those engaged in the fields of architecture, engineering, mathematics, physical sciences, medicine and health, education, and business specialties.

Q. How do I apply for an H-1B visa?

A. The H-1B visa classification requires a sponsoring United States employer. The employer must file a labor condition application (Form ETA 9035) with the Department of Labor. The application encompasses declarations including payment of prevailing wages for the position and working conditions offered. The employer must then file an I-129 petition with the USCIS, and based on BCIS petition approval, the foreign worker may apply for the H-1B visa, admission or a change of nonimmigrant status.

Q. Can an H-1B worker change employers?

A. Yes, if the H-1B worker has a new petitioning employer.

Q. How long can a foreign worker remain in an H-1B status?

A. Under current law, a foreign worker may be in H-1B status for a maximum period of six years.

Q. Must an H-1B worker be employed full time?

A. An H-1B worker may work full or part-time and remain in status, depending upon the attestations made on the application.

Q. Can an H-1B status worker immigrate permanently to the U.S.?

A. An H-1B foreign worker may be the beneficiary of an immigrant petition, apply for adjustment of status, or take other steps toward lawful permanent residence in the U.S. This is known as “dual intent” as has been recognized in immigration law since passage of the Immigration Act of 1990.