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H-1B, O-1A, L-1A, L-1B 99% Approved !
H1B Non-Immigrant Visa

A Brief Introduction

The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability. 

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.  The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status in each fiscal year.

H-1B status requires a sponsoring  U.S.  employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file the certified LCA with a Form I-129 petition plus accompanying fee of $460.  In addition, employers are required to submit an additional $500 anti-fraud fee and $750 or $1500 training fee to sponsor the H-1B worker, unless specifically exempt.)  The alien may apply for the consular processing or change of non-immigrant status.

H-1B aliens may only work for the petitioning  U.S.  employer and only in the H-1B activities described in the petition. The petitioning  U.S.  employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one  U.S.  employer, but must have a Form I-129 petition approved by each employer.

As long as the alien continues to provide H-1B services for a  U.S.  employer, most changes will not mean that an alien is out of status. An alien may change H-1B employers without affecting status, but the new H-1B employer must file a new Form I-129 petition for the alien before he or she begins working for the new employer. The merger or sale of an H-1B employer’s business will not affect the alien’s status in many instances. However, if the change means that the alien is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H-1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the U.S.   

H-1B Annual CAP

The H1B cap is an annual limitation on the number of individuals who may be granted H1B status, not including those who are exempt from the cap (which includes those who previously have been counted against the H1B cap). The cap is set by Congress and currently is at 65,000. However, only 58,500 generally are available, as some numbers are set aside specifically for nationals of Chile and Singapore. This does not include the 20,000 additional H1B numbers available to persons who have earned masters’ or higher degrees from certain U.S. institutions of higher education, commonly referred to as the master’s cap.

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Alternatives to CAP Subject H-1B

H-1B filed by 1) Institution of Higher Education 2) Nonprofit entity related to or affiliated with an institution of higher education and Nonprofit research organization or a governmental research organization 3) Qualifying cap exempt institution, organization or entity pursuant to 8 CFR 214.2(h)(8)(ii)(F)(4)
H-3 Trainee
E-2 Investor
O-1 Extraordinary Ability
J-1 Scholar
F-1 Student
International Entrepreneur Parole
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