U.S. employers that want to employ foreign persons in professional/specialty occupations, may petition the INS for an H-1B visa. An H-1B visa allows professionals to enter the U.S. and accept temporary employment within their profession.

Nurses, professors, researchers, computer scientists, fashion models, and other professionals are the most usual candidates for obtaining an H-1B visa. The above list is a partial list. Please contact us to obtain further details.

The employer must pay a prevailing wage for the position, as certified by the Department of Labor. The issuance of an H-1B visa is subject to annual quotas as set by Congress. If a visa is issued, the foreign professional may enter the U.S. (or change status if already within the U.S.) and legally work and earn wages. This visa is usually granted in increments of 3 years, up to a maximum of 6 years.
Spouses and children of under 21-years of age may also be entitled to stay in the U.S. and attend school for the duration of the H-1B visa holder’s authorized stay under an H-4 visa.

There are many new provisions in the H-1B regulations. The following are some of these new changes.

• Quota: Congress has raised the old annual quota of 65,000 to 115,000 in 1999, 115,000 in 2000, 107,500 in 2001, and 195,000 in 2002. There are a significant fraction of those alloted visas available due to the slowing U.S. economy, especially lessening the need for non-citizen technology workers.
• Fees: Employers must now pay a $1,130 visa fee.
• Company Dependency: Employers with at least 15% H-1B visa holders are defined as H-1B dependent. These companies are subject to new recruitment and layoff attestations. New companies may be non-dependent if they attest that they either have at least 25 employees, no more than seven of who may be H-1B visa holders, or if they have 26-50 employees, no more than 12 may be H-1B visa holders.

There are many other new requirements for H-1B employers. If you would like more information on how to obtain an H-1B visa, please contact us at your convenience.