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H1B Processing

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IT Recruitment

The H1B visa is a temporary working visa for those who are members of a specialty occupation. You will need:

  • At least a Bachelor’s degree or equivalent; an
  • Are working in the field associated to this degree.

In order to qualify for the H1B Visa, you will need:

If you are currently in the US and working on an H1B visa and received a job offer from another company, you may qualify to work for the other company but will still need to make an application to do so. As the H1B visa is employer specific, meaning you can only work for the employer for which you obtained your H1B visa, you will need to file for a new H1B visa. This is called the portable H1B provision and is only eligible under this category.

  • A Job offer from a US Employer;
  • Labour Certification applied for by your employer on your behalf;
  • To submit an application for H1B visa upon receipt of your Labour Confirmation;
  • Have at least a Bachelor’s degree in your field; and
  • Be working in the occupation related to your education.

What You will Need

  • Labour Certification

    Before you can file for your H1B visa, your employer is required to first obtain a Labour Certification Application from the Department of Labour. This application is an assessment of the job being offered that protects you, as the applicant, from being treated unfairly in the US.

     

    Your employer is required to pay you an income that is according to the prevailing wage or the employer’s actual wage for the position. This shields you from being underpaid for doing the same job that a Citizen might get paid more to do.

     

    At the same time, Federal Policy requires that the employer comply with complicated recruitment efforts and record keeping requirements.

     

  • Period of Validity

    The H1B visa can be initially approved for a period of three years. This can later be extended for another three years up to a maximum of six years. This does not mean that you will get three years up front and an additional three years when you extend the visa. This is under optimal conditions.

     

    Your initial visa may only be valid for one year, and then extended again for an additional two. You may do this a few times until you reach the six year maximum. Further, the extension is based on your job duties and reflects the duration you may still be required to complete your intended duties in the US. Your visa will not be extended simply because you request it, you will need to demonstrate the need for such an extension.

  • Accompanying Family

    If you are successful in obtaining your H1B visa and are married or have dependent, unmarried children under the age of 21, they may be given H4 visas. This will allow them to accompany you to the US and will be valid as long as your H1B visa is valid.

     

    The H4 visa is a non-work status visa which means that your accompanying family are not able to enter the neither US Labour Market nor work in the US and are considered visitors based on your status.

     

How We Can Help

If you have the skills, experience and education to obtain an H1B visa, your professional career is important to you. As such, submitting the proper application from inception is key to ensuring you receive your status as quickly as possible so that you can begin your exciting new job in the US. As obtaining a work visa in the US is typically a two stage process, starting with your employer, we will work with you and your employer to ensure the application is submitted as quickly as possible.

We will assist you:

  • Draft the necessary forms;
  • Work with you and your employer to obtain the proper documentation;
  • Draft appropriate supporting documentation like a contract, employment offer letter, etc.;
  • Assist with preparing and filing for a Labour Certification;
  • Help demonstrate how you meet the conditions of a nonimmigrant worker;
  • Compile the strongest possible case as per your unique situation; and
  • Of course, be with you every step of the way.

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