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H-1B Professionals
Employment Based Visas
• H-1B Professionals
• H-1C Workers
• H-2B Workers
• H-3 Trainees
• L-1 Intracompany Transfers
• E-1/E2 Traders/Investors
• 0-1 Entertainers
• J-1 Interns
Permanent Residency
• Labor Certification - PERM
• EB-1 Professors/Research
• EB-1 Extraordinary Ability
• EB-1 Managers & Executive
• EB-5 Investors
• Intracompany Transfers
U.S. Naturalization
Consular Processing



General Information
Highly skilled workers are in short supply in many industries, especially nursing and information technology. The H1-B visa enables professionals to make a valuable contribution to the American economy.

Eligibility Requirements
The H-1B non-immigrant visa may be issued to applicants seeking temporary entry in a specialty occupation and possess professional skills. Visas are issued pursuant to a 65,000 per year maximum cap. The cap has been extended for Fiscal Years 1999 and 2000 to 115,000 per year, decreasing to 107,500 for Fiscal Year 2001 and then returning to the usual cap, depending upon the legislative studies which are being conducted at present with regard to the need for foreign workers. "Specialty Occupations" include accounting, computer analysts, programmers, database administrators, web designers, engineers, financial analysts, scientists, architects and lawyers. The petitions are submitted by employers based on their need for the non-immigrant employee, and require the beneficiary to possess master's degrees or higher education. The beneficiary may possess a baccalaureate degree and requisite experience to make up for the lack of a master's degree. For every year of education that an employee lacks (s)he must possess three years' of experience in its place.

Application Requirements
In order to obtain permission to petition the CIS for the services of a non-immigrant professional, the employer must first apply to the Department of Labor on a Form 9035 (Labor Condition Attestation), where it must be clearly stated that the position will not deprive a US citizen or lawful permanent resident of employment, will not break union
rules or lock-out conditions, and that, every effort to employ a US citizen or resident has failed to evince a properly qualified candidate for the job.

Duration of Status
The CIS approves an H-1B visa for an initial period of up to three years. The maximum term of an H-1B visa is six years, including all extensions.


The Labor Condition Apication (LCA) pursuant to the ACWIA (1998)
The new LCA (ETA 9035) regulations require the employer to attest to several elements. The penalties for violation are severe and onerous.

Prevailing Wage
The H-1B non-immigrant will be paid at the prevailing wage rate or higher by the employer, similar to all other individuals with comparable experience and qualifications for the specific employment in question, or the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the information available at the time of filing the application.
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