Temporary employees (H-1B)

The H-1B visa is a temporary employment authorization for foreign professionals to work in specific occupational specialties.

Eligibility

H-1B visas are available for either full or part-time employment. The job must meet one of the following criteria to qualify as a specialty occupation:

• Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
• The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
• The employer normally requires a degree or its equivalent for the position

Petition Process

• The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA).
• The employer must also file a Form I-129, Petition for a Nonimmigrant Worker to the USCIS.
• Once the Form I-129 has been approved the prospective employee may apply for an H1-B Visa.
• The base processing fee will be $190.
• Effective 12/8/04, ACWIA (American Competitiveness and Workforce Improvement Act, 1998) fee will be applied.
  • $750 for a company of 25 employees or less.
  • $1500 for a company of 26 employees or more.
• The ACWIA fee can only be paid by the company or a representative of the company, and not by the Beneficiary. Certain types of petitions that were previously exempt from the ACWIA fee (e.g. Non-Profit Organization, High Education Institute, etc.) are still exempt from the new $1,500 and $750 fee.
• Effective 3/8/05, additional $500 new Fraud Prevention and Detection fee.
• This additional fee will be applied to H1 petitioners seeking a beneficiary's initial grant of H-1B or petitioners seeking to change a beneficiary’s employer. For amended or extension petitions filed by an existing H-1B employer, they will be exempt from the $500 fee
• Premium processing fee of $1,000, if the petitioner or beneficiary wishes to proceed under premium processing. $1000 can be paid by the company or the beneficiary, and it should be made payable to Department of Homeland Security.

The time it takes to process applications depends on the service center. Right now, the California Service Center takes approximately 2-3 months to process an H-1B application. Premium processed (additional $1000 filing fee) applications will be processed in 15 days.