The H-1B classification is a temporary or non-immigrant category which enables an individual to work in the United States for up to six years.  The primary requirements to qualify for an H-1B are: (1) the individual must have at least a Bachelor’s degree and (2) the job must REQUIRE a Bachelor’s degree in the field of the applicant’s training.  In some cases, experience will be accepted in place of the degree, but that is difficult and requires detailed documentation.

Steps to obtain an H-1B classification

Step 1.  To obtain an H1B, an application for a simplified labor process called a Labor Condition Application (LCA) must be obtained.  For the LCA, the job position does not need to be advertised.  International Expediters has the knowledge, expertise and experience to properly prepare this application for you.

Step 2.  A petition is filed with the USCIS.  Depending on the USCIS Service Center, this process generally takes a minimum eight weeks to complete.  However, there is an option to use Premium Processing.  The processing fee for this expedited service by USCIS is $1,000 in addition to the normal filing fee for the petition.  The USCIS guarantees that the petition will be adjudicated within 15 calendar days with Premium Processing.

Summary

The H-1B is a quick way to get temporary work authorization.  However, USCIS is careful to make sure both the applicant and the job qualify as is required by Immigration and Nationality Act.

Other Issues about the H-1B classification

1.  If an individual seeking this classification does not have current non-immigrant status but has been here without authorization for less than six months and has not worked, he/she may get the LCA and USCIS petition approved, but must return to their home country to get the H-1B visa.

2.  Those individuals who have an H-1B classification are only allowed to work for the employer who petitioned for them.  Permanent residents, on the other hand, have all of the benefits of a U.S. citizen, except they cannot vote.  They can work for any employer they choose.  If the individual is in H-1B classification and wants to change employers, he/she must start the process all over again with a new H-1B petition.

As soon as the H-1B status is obtained, the process to obtain permanent residence can begin.  A green card generally takes a minimum of three years to obtain.  Although the process is expensive and takes time, it is well worth it because it is a permanent solution to the visa and work authorization problems.  It is good for a lifetime.  Permanent Residents never have to deal with USCIS again (unless they want to be naturalized) and are not required to get a visa to return to the U.S. when traveling.