H1B Nonimmigrant Worker Visa

H1B Nonimmigrant Worker VisaH1B nonimmigrant worker visa or foreign labor certification is associated with an offer of employment by a United States business employing foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The H1B nonimmigrant worker visa category is also available for Distinguished Fashion Models as a specialty occupation.


Employer Work-site

Update 7/29/15

Pertaining to Material Changes regarding H1B Employer Assigned Job-site.

April 9, 2015, the USCIS’ Administrative Appeals Office (AAO) issued a precedent decision holding: “H-1B employer must file an amended or new H-1B petition when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s place of employment…” Continue reading…


H1B Worker Visa Classifications

Visa classifications under this category include H1B generally, H-1B1 for Chile and Singapore or E-3 for Australian foreign workers.


H1B Nonimmigrant Worker Visa Requirements Generally

In order to be eligible for a H1B worker visa, foreign workers must meet the following requirements:

  • Possess specialized knowledge and at a minimum a bachelor’s degree or its equivalent in the specific specialty for which they are seeking employment.
  • Workers without a college education using work experience as a qualifier must demonstrate experience equivalent to a minimum of three years’ experience of specialized training or work experience for every year of college they should have attended.
  • Moreover, licensed professionals in addition to the education requirement must make arrangements to procure the appropriate certification/ license necessary to be fully qualified to work in the profession from the state where the job is located within the U.S. e.g., medical or law license, etc…

The nonimmigrant worker is generally required to retain a residence in a foreign country which he has no intention of abandoning.


H1B 2016 Numerical Limits

The United States Congress oversees the cap for the H-1B nonimmigrant worker visa program and the mandated cap on H1B visas for FY 2016 is 65,000. Of which, the first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.


Period of Stay

Under the temporary H1B nonimmigrant worker visa category, foreign workers are eligible to remain in the United States for a three (3) year duration with option to renew for an additional 3-year period.

Extensions of H1B status beyond the six-year period is available for Visa Holders in the process of applying for Employment-based legal permanent residence or green card status.


Labor Condition Application (LCA)

Compliance with the Department of Labor (DOL) is required- as ONLY Employers with Certified Labor Condition Applications (LCAs) will be eligible to proceed in obtaining an H-1B, H-1B1 or E-3 visa through the U.S. Citizenship and Immigration Services (USCIS) and the Department of State.


Contact Us for H1B Nonimmigrant Worker Visa Representation

If you wish to apply for work in the United States based on the foregoing nonimmigrant visa categories- you must first locate an employer who is willing to petition the USCIS on your behalf…

Foreign workers may contact attorney Yolette M. Saintiny via email or call (866) 941-2229 for an H1B Visa Immigration Consultation.

U.S. Employers may request an evaluation for compliance with Department of State, Department of Labor and USCIS requirements via this form.

Post “H1B Nonimmigrant Worker Visa” References




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Written by Yolette M. Saintiny, Esq.

Immigration, Real Estate & Family Lawyer Yolette M. Saintiny, Esq., is a member in good standing of the New York state bar, second judicial department since 1995.
Yolette, a zealous attorney and serial entrepreneur has cumulative legal experience in both the for-profit and not-for-profit sectors where she has dedicated her legal knowledge to assisting immigrants in receiving Benefits under current immigration laws; along with seeking legal redress for victims of abuse.
For Legal Services Contact attorney Yolette M. Saintiny in Brooklyn & Manhattan at (800) 691-2949; (347) 955-1515 or direct your written inquiries via email.

Website: http://yolettemsaintinylaw.com/

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