H-1 VISA CLASSIFICATION

The H-1B classification applies to job candidates in a “specialty occupation.” The U.S. Citizenship and Immigration Services (“USCIS”) considers specialty occupations to be those requiring the theoretical and practical application of a body of highly specialized knowledge. Typically this will entail completion of a specific course of higher education, at least to the Bachelors degree level. For certain individuals with specialized skills and considerable work experience, equivalency evaluations can be obtained to meet the educational requirements.

Before filing an H-1B petition, the company must obtain a prevailing wage for the proffered specialty occupation and file a Labor Condition Application (“LCA”) with the Department of Labor. The LCA defines the employer’s obligations to ensure that the foreign worker does not adversely affect the wages or working conditions of United States workers. Employers with a large contingent of H-1B workers may be considered an H-1B dependent company and may face additional obligations. [Click here for the dependency worksheet in Excel format]

Upon approval of the LCA, the H-1B petition may be filed with the USCIS. Currently, H-1B filing fees are $320.00. The $1,000 H-1B training fee surcharge was no longer required since October 1, 2003, however, since the surcharge represents an important source of revenue, it may be re-instated by Congress soon.  Please confirm the filing fees with the USCIS before you submit an application.  Upon receipt of the petition, the USCIS routinely takes up to four to six months or more to process depending on which USCIS Service Center jurisdiction the company is located in. For expedited service, the company can always choose Premium Processing Service for an additional fee.