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The
H-1b visa allows foreign
national to live and
work in the U.S. for up
to six years. However,
not just anyone can
qualify for an H-1b
visa.
First, an employer must
sponsor the foreign
national for the visa.
Second, the job that the
employer wishes to fill
must be one that
generally requires a
college degree as the
minimum qualification
for entry into that
occupation. Many
employers mistakenly
presume that their job
requires a college
degree. The USCIS has
their own standards as
to what types of jobs
require a college
degree. Although the
employer may usually
require a college
degree, that does not
necessarily mean that
the USCIS will agree and
grant the visa. A good
example is the field of
nursing. Many hospitals
require that their
nurses have a Bachelor’s
of Nursing for their
nurses. However, the
USCIS does not agree
that a bachelor’s is
required, and many
hospitals find it
difficult to get H-1b
visas for their nurses.
I have an excellent
record of obtaining H-1b
visas for difficult to
fit jobs.
Third, the employer must
agree to pay the foreign
national the prevailing
wage for the job. The
prevailing wage is that
the employer must pay is
a very complicated
formula set out in the
U.S. Department of
Labors regulations. Many
people make the mistake
that they can just find
any salary survey on the
internet and use that to
qualify for an H-1b.
Many employers are
shocked to find that the
salary that they
negotiated with the
foreign national is not
sufficient to qualify
the alien for the H-1b.
As an attorney, I can
approach this problem
with an employer in the
best way possible to
resolve the issue.
Additionally, many
foreign nationals are
unaware of the
difficulties of applying
for a visa at a U.S.
consulate outside the
U.S. Even if you qualify
for an H-1b visa inside
the U.S., you must apply
again if you travel
outside the U.S. U.S.
Consulates have the
right to review every
aspect of the H-1b visa
all over again, and can
deny the visa. Consular
officers often request
additional evidence that
USCIS did not request.
Consular processing is
particularly difficult
in countries such as
India and China. If you
are processing a visa at
a consulate anywhere
outside the U.S., you
should contact my
office. I can help you
discern your chances of
having a visa approved
at a particular
consulate and what type
of evidence you might be
required to show.
The USCIS is now
required by law to
charge a petitioning
employer certain fees.
The employer is required
to pay these fees, and
prohibited by law from
requiring the alien to
reimburse them. These
fees could be as high as
$2000 for most private
sector employers. You
will need the assistance
of an attorney to
determine the exact fee
your employer must pay. |
