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PUSIN & SKLAR, LLC, ATTORNEYS AT LAW

H-1B VISA APPLICATIONS

Basic Information about H-1B visas

Basic Requirements for H-1B Status

Additional Logistical Considerations

H-1B Visa Services Provided by Pusin & Sklar, LLC

An H-1B Success Story

Basic information about H-1B visas:

H-1B visa status allows certain alien professionals to work in the U.S. for the H-1B sponsoring employer. The duration of H-1B status is nominally six years (each H-1B term can be a maximum of three years, with the total of all terms subject to a six year cap). Where that six year cap has been hit, an alien may be required to depart the U.S. for a year if later additional H-1B status is again desired. However, if applications seeking lawful permanent residence (LPRS) status for the benefit of the H-1B-holding alien are filed with U.S. immigration authorities before the end of the fifth year of H-1B status, the six year cap is a flexible cap, in that it may be possible to extend H-1B status beyond six years, in one year increments. This can be useful in allowing an H-1B alien to remain in the U.S. while the effort to obtain LPR status goes forward.

The basic requirements for H-1B status are as follows:

The alien must possess either a) a bachelor's degree (whether from a U.S. college or university or from a foreign institution where the degree is credibly evaluated to be equivalent to a bachelor's degree from a U.S. institution); or b) the evaluated equivalent of a bachelor's degree based on work experience and/or on a combination of education and work experience
The job at the heart of the H-1B application must be one for which the U.S. immigration authorities agree it is reasonable for an employer to require a bachelor's degree (or equivalent) of the type that the alien holds
The employer must pay the alien at least the minimum salary that the government requires to be paid for the position being sponsored. Wage requirements are based both on the job description and the geographic location of the job

Additional logistical considerations:

The number of H-1B statuses that may be granted to aliens who are not already in H-1B status is subject to annual quota. Depending on the timing of an intended application, the status of H-1B quotas may either warrant moving quickly on an application or waiting some time before the government will accept an application. In recent years, quotas have been or are likely to be hit early in the quota year (which runs from October 1 through September 30). In such years, timing considerations become an important part of H-1B visa planning

H-1B visa services provided by Pusin & Sklar, LLC:

We provide the following services in H-1B cases:

Thorough explanation of the H-1B visa application process
Careful design of H-1B applications, including:
Analysis of whether work experience should be evaluated for bachelor's degree equivalence
Attention to visa needs of spouses and children
Planning which takes visa transitions and quota timing issues into account

An H-1B Success Story:

One of our clients came to us several years ago to explore visa planning options. It seems his prior immigration lawyer had successfully obtained for him H-2B visa status. H-2B visa status differs from H-1B visa status in the following respects: H-2B status is limited to one year duration (three years maximum in extraordinary circumstances), it requires more onerous application preparation including advertising of the sponsored position and application for labor certification from the Department of Labor, and it accordingly costs significantly more than H-1B applications do with regard to lawyers' fees.

The client's education had ended at the high school level; however, he had approximately 19 years of progressively responsible experience in industrial glass manufacture, the field of work for which he was being sponsored. We recognized that work experience based bachelor's degree equivalence was a possibility, obtained an evaluation letter to that effect, and therefore were able to get his employer to apply for and obtain H-1B status for this client. At a significant savings in legal fees and other costs, employer and client obtained a much more useful visa (when status duration is considered) than they had been able to do previously. Moreover, because he had obtained H- 1B status, the client was then able to process successfully for permanent residence status, and that without having to leave the U.S.

The discussion of H-1B basics and case history provided above, and the content of this web site generally, are not intended to be and should not be relied upon as legal advice. To be effective and reliable, legal advice must be tailored to the specific facts and relevant law pertaining to each individual case.

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H-1B VISA APPLICATIONS

e-mail to: sklar@stevensklar.com