H-1B Visa

One of the most sought after visas to the US, H-1B Visa allows foreign born professionals with specialized skills and at least a Bachelor’s degree or equivalent to stay and work in the US for up to 6 years. The H-1B Visa is also known as the Dual Intention visa, meaning that the holder of this non-immigrant visa can intend to Immigrate as well. To do this, the H-1B visa holder needs an Employer who will sponsor his or her Green card through its initial stages. The application for H-1B can be filed on April 1st of every year and we prefer to start processing these cases as early as January if not earlier.

The H-1B Visa is available to foreign nationals:

Invited by U.S. companies to work in areas that require specialized skills and a minimum of bachelor’s degree as qualification.
With specialized knowledge in the areas like science, Engineering, Computer Programming, Research, Business Management, Journalism, Accountancy etc, where the occupation requires a Bachelor’s or equivalent degree
Participating in research and development projects administered by the U.S. government.
Working in under-manned professions like professional nurses, doctors, physiotherapists etc
Distinguished in their field, like models, entertainers, athletes etc.

Processing your H1B petition at BizLegalServices

We process H1B cases for Individuals as well as Employers. Our H1B Processing Package Includes:

Preparation of all documentation,
Immigration policy guidance,
Strategic planning and counseling
Representation In Court (If necessary)
Specialized services for Employers

BizLegalServices starts processing your case as soon as you have placed a Request. You are immediately assigned an BizLegalServices assistant who will walk you through the entire process, answer your questions. For more details you can browse our Methodology section. As a client, you also gain access to a number of add-on services, including access to our Client Portal where you can track the development of your case by the hour.

We believe in building long-term relation with our clients. Our cost-estimates are transparent and up-front; there are no hidden costs. Once the case is accepted, the client is entitled to dedicated legal help until the case is processed and if necessary for any future legal need.

For your general information, BizLegalServices answers many of your frequently asked questions as follows:

QUESTION: DO I QUALIFY?
You are required, under the regulations, to have the following qualifications in order to be considered for an H-1B visa:

A minimum of a Bachelor’s or higher degree
A satisfactory and provable level of work experience as required by the employer

However, the degree requirement should prove that:

Parallel positions in the industry across a range of similar organizations require a degree
The professional complexity and uniqueness of the position requires the job can only be performed by a person with a degree
The position requires the degree for the position, or
The job is so specialized and complex which, then, requires knowledge or skills often acquired through a Bachelor’s or higher level of education.

QUESTION: CAN I BRING MY FAMILY?
You are allowed to bring your spouse and unmarried children under the age of 21 with you or at a later date. The visa category for your dependants and family is H-4. The H-4 visa for your family members will be valid for the same duration as your H-1 visa. They cannot, however, take up any form of employment while in the H-4 category. This limitation can only be removed with a special permission granted by the USCIS. Dependants holding an H-4 visa are authorized to attend school while remaining in the H-4 category but are not entitled for any financial aid or the one-year Optional Practical Training (OPT) after completion of the program.

H-4 visa holders can qualify for alternative non-immigrant visa categories like the F-1 student visa if they are to obtain admission at an academic institution. If a spouse whose employer has also obtained approval of an H-1B petition to employ him or her can still be considered for other visa categories. If the principal H-1B holder changes jobs and as long as there is no break in the validity of H-1B visa, there is no need for separate petition to be filed. H-4 visa holder need not take any action as long he/she accompanies the H-1B visa holder.

QUESTION: WHAT IS A PORT OF ENTRY?
A Port of Entry is the first airport through which you entered the United States. Soon after your plane landed, Customs and Border Protection (CBP) officials of the Department of Homeland Security check your documents and interview you to determine whether or not you should be admitted. Applicants should be aware that a visa does not guarantee entry into the United States. Customs and Border Protection officials have authority to deny admission. Also, CBP officers decide the period for which the bearer of a temporary work visa is authorized to remain in the United States.

At the port of entry, a CBP official validates Form I-94 (Record of Arrival-Departure which notes the length of stay permitted). Temporary workers who wish to stay beyond the time indicated on their Form I-94 must contact USCIS to request Form I-539 (Application to Extend Status). The decision to grant or deny a request for extension of stay is made solely by USCIS.

QUESTION: CAN I WORK FOR MORE THAN ONE EMPLOYER?
In some cases, it is possible more than one employer may employ an H-1B nonimmigrant category worker at the same time. For example, a Systems Administrator employed by one company can also do consulting work for another company. If the H1B worker has H-1B status from an employer and will continue to work for that employer and takes up the new employment for a second employer, the second employer must file for and obtain the authorization of USCIS. If the worker wants to change employers and continue to maintain his or her current H-1B status, the situation is treated as an extension of stay.

In cases where two employers file H-1B petitions for the same worker and the H-1B holder chooses to work for one employer initially, but then changes his/her mind and commence work for the second employer, the second employer need not file a new or amended petition. Employers are, however, expected to notify the USCIS whenever an employee opts not join them after obtaining the H-1 visa they sponsored.

QUESTION: WHAT IS THE DURATION OF THE H-1B VISA ?
Initially an H-1B is issued for the period not exceeding 3 years. The H-1B visa can be extended for another three years if you are in the same job or in another job with approved petition. A new visa stamp will not be required if the H-1B visa holder never leaves the US during the six-year period but s/he should apply only for renewal. If the H-1B worker has to travel abroad after expiration of his her original H-1B visa, a new visa must be obtained to enable him/her to re-enter the US.

QUESTION: HOW DO I QUALIFY FOR THE H-1B SEVENTH-YEAR EXTENSION?
Any H-1B holder who is the beneficiary of an approved EB-1, EB-2 or EB-3 visa petition and is waiting for the new quota to apply for an adjustment of status, may file for extensions of H-1B status beyond the six-year period until his/her adjustment of status application has been determined. However, USCIS has the discretion to approve or deny such applications and, therefore, the extension is not guaranteed.

A beneficiary of EB-1 and NIW may file the extension of his H-1B beyond the six-year limit if the request for extension is filed over 365 days and is either pending or approved. A beneficiary of EB-3 and EB-2 (other than a national interest waiver) may apply to extend his H-1B status beyond the six-year limit if the labor certification was filed more than 365 days.

QUESTION: HOW DO I MAINTAIN MY H-1B STATUS AND VISA?
More than one employer may employ H-1B nonimmigrant category workers concurrently. But if an H1B worker wishes to change employers and continue to maintain his or her current H1B status, the situation is treated as an extension of stay. The second employer should file the petition well in advance if the organization had not done this already. However, in such cases, since the beneficiary had already been documented to have credentials for H-1B visa, less extensive documentation may be necessary to establish his or her continuing eligibility.

It is possible to obtain a seventh-year extension for some categories of H-1B visa holders. They are as follows:

An H-1B holder who is the beneficiary of an approved EB-1, EB-2 or EB-3 visa petition and is waiting for the new quota to apply for a modification of status, may apply to the USCIS for extension(s) of H-1B status beyond the six-year period until a decision on his/her adjustment of status application is made. Such extensions are not guaranteed, however, and are issued at the sole discretion of USCIS
A beneficiary of EB-1 and NIW may file the extension of his/her H-1B visa beyond the six-year limit if the application for immigration has been filed over 365 days and it is pending.
A beneficiary of EB-3 and EB-2 (other than a national interest waiver) may also apply for extension of his/her H-1B status beyond the six-year limit provided the labor certification was filed more than 365 days before.

QUESTION: ARE THERE ANY LIMITATIONS ON H-1B (QUOTA AND OTHER LIMITATIONS)?
H-1B is granted for a maximum of 6 years. The individual must depart the U.S. for at least one year before qualifying again for another H-1B status.

There is annual numerical limit for H-1B visas issued. However, applications for extensions of H-1B status, concurrent employment, change of employers, applications for physicians who received J waivers are not subject to the cap.
Spouse and children are not allowed to work, unless and otherwise authorized by the USCIS.
No automatic conversion to permanent residence status is permitted. H-1B status is independent of the green card application.
H1B visa status depends on continued employment. In other words, the employment is at will. Either the employer or the immigrant may terminate the employment at any time for any or without any reasons being assigned. As soon as the employment is terminated or you give up your job, your visa becomes invalid. In such cases, a grace period of only 10 days is given.

H1B FOR MEDICAL DOCTORS

A foreign medical doctor must be licensed in the geographical area where s/he wishes to practice as part of the essential requirements for H1B. Exceptions can be granted if the medical doctor will be practicing in facilities run by Department of Veterans Affairs (DVA) for former members of the US military or in an area designated as underserved by the Health and Human Services Department (HHS).

The eligible foreign doctor must have graduated from medical school and should have passed either the Federal Licensure Examination (FLEX) or the equivalent U.S. Medical Licensing Examination (USMLE). The doctor must pass all of the three-step USMLE examine before s/he is considered for H1-B and get letters of reference. The USCIS allows changes of status from one category (J-1 to H1B, for example) if the doctor fulfils all other requirements. Although, in some cases, an O-1 (visa for people with extraordinary ability) can be a viable alternative option, the USCIS (the United States Bureau of Citizenship and Immigration Services) as well as employers have become increasingly reluctant to process O-1or the transition to Permanent Residency.

Doctors seeking employment in the U.S. should make their plans before the completion of medical school, including obtaining acceptable licenses. With well-crafted plan, information, and proper legal advice, foreign medical doctors can secure gainful employment in the U.S. relatively smoothly. The options for a foreign doctor are much better in medically underserved or regions of the United States that lack adequate health professionals.

For your general information, BizLegalServices answers many of your frequently asked questions as follows:
HOW DO I QUALIFY?
You will qualify for employment as a foreign doctor if you satisfy the following requirements. You must have:

Authorization to practice medicine from the state in you wish to practice
A license to practice medicine in a foreign country OR you are a medical school graduate of an educational institution in the U.S. or a foreign country.

WHAT IS THE NATIONAL INTEREST WAIVER FOR PHYSICIANS IN UNDERSERVED AREAS?
According to the USCIS, the national interest waiver for physicians in underserved areas relieves the employer or the doctor filing with the intent to start a private practice from the labor certification process. In order to be eligible, the applicant must be:

A petitioner (employer) requesting a national interest waiver on behalf of a qualified foreign doctor, or
A foreign doctor self-petitioning for second preference classification, based on medical service in an area designated by the Health and Human Services Department (HHS) or a facility run by the Department of Veterans Affairs (VA) facility. You must, however, meet all eligibility requirements for this immigrant classification in order to be eligible for the national interest waiver.

CAN I BRING MY FAMILY?
You are allowed to bring your spouse and unmarried children under the age of 21 with you or at a later date after obtaining your own H1-B visa. The visa category for your dependants and family is H-4. The H-4 visa for your family members will be valid for the same duration as your H-1 visa. They cannot, however, take up any form of employment while in the H-4 category. This limitation can only be removed with a special permission granted by the USCIS. Dependants holding an H-4 visa are authorized to attend school while remaining in the H-4 category but are not entitled for any financial aid or the one-year Optional Practical Training (OPT) after completion of the program.

H-4 visa holders can qualify for alternative nonimmigrant visa categories like the F-1 student visa if they are to obtain admission at an academic institution. If a spouse whose employer has also obtained approval of an H-1B petition to employ him or her can still be considered for other visa categories. If the principal H-1B holder changes jobs and as long as there is no break in the validity of H-1B visa, there is no need for separate petition to be filed. H-4 visa holder need not take any action as long he/she accompanies the H-1B visa holder.

WHAT IS THE DURATION OF THE H-1B VISA AND HOW DO I RENEW MY H-1B VISA?
Initially an H-1B is issued for a period not exceeding 3 years. The H-1B visa can be extended for another three years if you are in the same job or in another job with approved petition. A new visa stamp will not be required if the H-1B visa holder never leaves the US during the six-year period but s/he should apply only for renewal. If the H-1B worker has to travel abroad after expiration of his her original H-1B visa, a new visa must be obtained to enable him/her to re-enter the US. It is mandatory that all initial H-1B visas must be issued at a consular office abroad. The same rule applies for petitions for change of status too.

HOW DO I QUALIFY FOR THE H-1B SEVENTH-YEAR EXTENSION?
An H-1B holder who is the beneficiary of an approved EB-1, EB-2 or EB-3 visa petition and is waiting for the new quota to apply for an adjustment of status, may file for extensions of H-1B status beyond the six-year period until his/her adjustment of status application has been determined. However, USCIS has the discretion to approve or deny such applications and, therefore, the extension is not guaranteed.

HOW DO I MAINTAIN MY H-1B STATUS AND VISA?
More than one employer may employ H-1B nonimmigrant category workers concurrently. But if an H-1B worker wishes to change employers and continue to maintain his or her current H-1B status, the situation is treated as an extension of stay. The second employer should file the petition well in advance if the organization had not done this already. However, in such cases, since the beneficiary had already been documented to have credentials for H-1B visa, less extensive documentation may be necessary to establish his or her continuing eligibility. It is possible to obtain a seventh-year extension for some categories of H-1B visa holders.

ARE THERE ANY LIMITATIONS ON H-1B (QUOTA AND OTHER LIMITATIONS)?

H-1B is granted for a maximum of 6 years. The individual must depart the U.S. for at least one year before qualifying again for another H-1B status.
There is annual numerical limit for H-1B visas issued. However, applications for extensions of H-1B status, concurrent employment, change of employers, applications for physicians who received J visa waivers are not subject to the cap.
Spouse and children are not allowed to work, unless and otherwise authorized by the USCIS.
No automatic conversion to permanent residence status is permitted. H-1B status is independent of the green card application.
H1B visa status depends on continued employment. In other words, the employment is at will. Either the employer or the immigrant may terminate the employment at any time for any or without any reasons being assigned. As soon as the employment is terminated or you give up your job, your visa becomes invalid. In such cases, a grace period of only 10 days is given.

CAN I CHANGE MY STATUS TO LAWFUL PERMANENT RESIDENT?
Yes, you can apply to adjust your status to that of lawful permanent resident. In order to obtain a Green Card, your employer must express that it is unable to find a US doctor (American citizen) who to fill in the position.

H1B FOR PHARMACISTS

If a foreign University outside of the United States awarded your degree, you are considered a foreign pharmacy graduate by the Foreign Pharmacy Graduate Examination Committee (FPGEC). Therefore, you must fulfill some requirements put in place by the United States government.

For your general information, BizLegalServices answers many of your frequently asked questions as follows:
HOW DO I QUALIFY FOR AN H-1B EMPLOYMENT VISA?
You need to satisfy the following requirements in order to be eligible for the H-1B Visa:

Have a degree from an accredited college of pharmacy,
Successful completion of the Foreign Pharmacy Graduate Equivalency Examination (FPGEE).
Satisfactory English Language Proficiency Test Score
Successful completion of NABPLEX (National Association of Boards of Pharmacy Licensing Exam).
Participation in residency or internship programs to acquire direct patient care experience

H1B FOR PHYSICAL THERAPISTS

Like nursing, physical therapy is another professional area that exhibits a significant shortage in the United States. As a result, the US government has authorized a smoother processing than enables such professionals to acquire permanent residency much more efficiently than other visa categories.

For your general information, BizLegalServices answers many of your frequently asked questions as follows:
HOW DO I QUALIFY?
As matter of legal procedure, the USCIS requires you to have a license for the state where you intend to practice physical therapy. In order to reduce the complications related obtaining such a license when you are residing outside of the United States, the USCIS issues H-1B visas valid for one year as long as the therapist meets all other requirements that allow them to take the state licensing tests. Then, once in the United States, the therapist would be eligible to take the test after obtaining a social security number.

HOW DO I OBTAIN A LICENSE?
You need to do the following in order to sit for licensing tests:

Submit your educational records to a U.S. state therapy board for a temporary license or permit
Apply for an H-1B visa to work in the U.S.
When you receive your one-year H-1B visa, take the appropriate state licensing exam and renew your H-1B visa.

HOW DO I BECOME A PERMANENT RESIDENT?
Yes. Before getting to that stage, you must make sure you fulfill the following:

Have your educational qualification positively evaluated
Make sure your license is valid
Have a satisfactory English language proficiency
Successfully completing of the test for and demonstrated knowledge of physical therapy

A Visa Screen Certificate will be issued to you when you have completed all the requirements of the visa screen that you will have to take with you to the US consulate for you visa interview.

HOW DO I APPLY FOR THE VISA SCREEN CERTIFICATE?
Generally, you must be licensed as a physical therapist in your home country or any country where you studied in order to qualify for a visa screen. The two institutions authorized to issue Visa Screen Certificate for physical therapists are:

The CGFNS Certification Program and
The Foreign Credentialing Commission on Physical Therapy (FCCP).

CAN I BRING MY FAMILY?
Yes you can. Since your application, after approval, leads towards permanent residency, you will be able to bring to the United States your spouse and children under the age of 21.

H1B FOR PROFESSIONAL NURSES

Considering the current shortage of professional nurses, the U.S. government created a smoother immigration processing for registered nurses. This visa is classified as “Schedule A” professionals that includes physical therapists that enables nurses and therapists to benefit from an a faster transition to lawful permanent residence.

For your general information, BizLegalServices answers many of your frequently asked questions as follows:

HOW DO I QUALIFY?
As foreigner the professional nurse must possess a diploma in nursing and an unrestricted nursing license from the nurse’s home country if the nurse was educated outside the United States. Nurses from foreign countries must meet one of two licensing/certification requirements in order to be eligible for immigrant sponsorship by a U.S. healthcare institution.

A license in the state of intended employment in the U.S., or
Successful completion of the Commission on Graduates of Foreign Nursing Schools (CGFNS) certification program.

States in the United States have nursing boards that require passing the National Council Licensure Examination (NCLEX-RN) exam, a test you can only take in the United States and U.S. territories such as Guam. The requirements for licensing differ from state to state, which makes it necessary for you to contact the state licensing authority for guidelines. Some of this information for the state Boards of Nursing is available at the website of the National Council of State Boards of Nursing (www.ncsbn.org).

HOW DO I APPLY?
The two avenues for processing of the nurse immigrant visa application are through Adjustment of Status or Consular Post Processing.

Adjustment of Status:
Applicants already legally present in the United States with a nonimmigrant visa status can file for an Adjustment of Status for themselves and their families at the same time. The nurse may be authorized to accept employment at a sponsoring healthcare institution immediately as soon as s/he received Employment Authorization that usually takes 3-4 months after filing for adjustment of status. However, the professional nurse must have fulfilled license requirements before accepting employment.

Consular Post Processing:
Professional nurse residing outside of the United States process their cases at U.S. consulate office. The Bureau of Citizenship and Immigration Services (USCIS) notifies the U.S. State Department’s National Visa Center when the case is approved. Then, the State Department contacts the nurse by mail and will provide instructions on how to apply for an immigrant visa and appear for an interview.

MAINTAINING YOUR H1B STATUS

Getting admitted to and enjoying the benefits of working in the United States also entails some responsibilities on your part. You have the obligation to make sure all of your documents are current and accurately reflect the conditions of your stay in the United States. You may want to thoroughly examine the rules and regulations of the United States Department of Homeland Security (DHS) and gain an adequate understanding of what you are expected to do in order to guarantee yourself smooth legal status at all times without the risk of falling into the complications of an “out of status” category.

As an H1 or O-1 worker, you have to perform ONLY the job that is described in your H1 or O-1 application or petition regardless of any opportunities that may be offered to you without the authorization of DHS. BizLegalServices is ready to give legal advices and counseling to you regarding maintaining your status in terms of the rules and regulations of the United States Department of Homeland Security (DHS).

LCA VIOLATIONS

Punishment for violation of LCA:
American law provides for stringent penal punishments to employers with heavy fine and imprisonment for H1B violations in respect of Labor Certification Application.

Code of Federal Regulations – 20 CFR 655.805:
In terms of the above allied regulations, an employer can be tried, if found guilty of

Knowing and willful submission of false statements to the Federal Government;
Failure to pay wages (including payment of wages for certain non-productive time);
Filing an LCA for H1B during a strike or lockout;
Failure to specify accurately on the LCA, the number of workers, classification, the wage rate conditions, etc.,;
Displacing a US worker as prohibited in the above rules;
Forcing an employee to pay a penalty for ceasing employment prior to an agreed upon date etc.

BizLegalServices has ample and reputable experience working with companies of all sizes in thier alleged LCA violations. We provide efective legal adise on a case-by-case baises.

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