INFINITI LAW

HIGHLIGHTS

• Nonimmigrant Visa for Specialty Occupations & Professionals

   

• Total Time Limit in Status:  6 years (extensions beyond this are available in very limited situations)

   

• Visa Granted in 3 Year Increments

   

• There are annual quotas which limit the number of H1b visas that may be issued in any given year.  Demand has outnumbered supply in recent years and the result has been that this type of visa is not always available even if all of the requirements are met.

REQUIREMENTS

• Employee must have a Bachelor’s degree, or the equivalent of a Bachelor’s degree in education and experience combined

   

• The position for which the employee is hired must normally require a Bachelor’s degree

   

• The Employer must pay the higher of the actual wage or the prevailing wage in the industry for that position

PROCEDURE

• Prevailing Wage Request is filed with the California EDD (Employment Development Department)—Alternative Wage surveys meeting the Department of Labor guidelines may be used in lieu of the EDD Prevailing Wage Determination.

   

• Labor Condition Application is filed with the US Department of Labor

   

• H1B Petition is filed with the US Citizenship and Immigration Service

   

• If the Employee is outside of the United States, the visa approval notification is forwarded to the US Consulate abroad and the H1B visa is issued from there.