H-1 Visas may be granted for 3 years with a six year maximum. Spouse and children are included. Additional extensions are available if permanent residence was applied for at least 365 days before the expiration of the H-1B.
LABOR CONDITION APPLICATION (LCA)
A prevailing wage determination is necessary to file the LCA. The LCA pertains to the occupation based on available information for the wages of workers similarly employed in the intended area of employment.
Employers must petition for the H-1B and normally a Bachelor’s Degree is necessary or its equivalent to prove the H-1B applicant has appropriate education or experience for the specialized field. Experience may be substituted by showing the H-1B applicant has had specialized training and/or progressively responsible experience that is equivalent to the Bachelor’s Degree. These years of progressive experience are usually deemed the equivalent of one year of university.
CAP OF 65,000
H-1B visas are limited to 65,000 per fiscal year. Spouses and children are included. Not counted against the cap are J-1 physicians who have waivers, professionals at universities engaged in non-profit research organizations and persons up to 20,000 who have a U.S. Master’s Degree or higher.
If you need help or advise, call us at 212-944-9420.