The H visa is broken down into the following categories:
H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor. This classification also applies to Government-to-Government research and development, or coproduction projects administered by the Department of Defense;
H-2A classification applies to temporary or seasonal agricultural workers;
H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor;
H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children
The H-1 Visa Cap
H-1B work visas are in high demand because only 68,000 are issued each fiscal year (Oct. 1 – Sept. 30). In addition, each year 6,800 skilled foreign workers from Chile and Singapore are issued an H-1B1 visa.
H-1B visas are valid for a three-year period and can be extended for one additional three-year period. After a worker has resided in the U.S. for six continuous years, he or she must leave and remain outside the U.S. for at least one year before another H-1B visa can be issued.
Acting as sponsors for the foreign workers, employers file petitions to obtain H-1 and H-1B visas. Before filing the petition with the USCIS, however, an employer must obtain a work permit by submitting a Labor Condition Application (LCA) to the U.S. Department of Labor.
Employers must attest that they are not displacing American workers by hiring a skilled foreign worker, that they are complying with prevailing wage levels, that they will not replace a laid-off worker with an H-1B for a certain period of time, and will not employ the H-1B during a strike or lockout, among other attestations.
Once the LCA is approved, the employer submits it along with a completed petition for an H-1 or H-1B visa.
The immigration attorneys of NPZ & B Law Group are skilled at helping businesses of all types and sizes meet their workforce needs by hiring skilled foreign workers. We have filed hundreds of H-1B petitions for our clients, from international students to small companies to large, publicly traded corporations. To discuss your H-1B visa needs with an experienced immigration lawyer, please contact our law firm today.
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