H-1 VISA Summary

PURPOSE:

The H-1 visa category is used by U.S. employers for the temporary employment of foreign nationals in professional positions for which specific educational and professional credentials are required.

QUALIFICATIONS:

The foreign national must possess the minimum requirements for performance of the duties of the position and the position itself must qualify as a "specialty occupation", i.e., one that minimally requires possession of a four year University degree or equivalent.

DURATION:

The initial period of stay granted to the alien admitted to the U.S. is governed by the time required by the Employer, up to a maximum of three years. Extensions of stay may be obtained, but the alien can not be continuously employed in H-1 status for more than six years.

FINANCIAL EVIDENCE OF EMPLOYER:

Employer must be able to demonstrate that alien's salary can be paid as of the year of filing with DOL (i.e., business tax return, financial statement, business bank statements).

APPLICATION PROCESS:

Certification by the U.S. Department of Labor of a Labor Conditions Application Approval by the U.S. Immigration & Naturalization Service of a non-immigrant petition
Processing at a U.S. Embassy abroad, if the foreign national is outside the U.S. or through a request for a change of status, if the foreign national is in the U.S. in another lawful category

GOVERNMENT AGENCIES:

Department of Labor, Trenton, NJ Office
Department of Labor, New York City Regional Office
Immigration and Naturalization Service, Saint Albans, Vermont
U.S. Embassy of alien's home country