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H-1B is a temporary worker in a specialty occupation.
A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and the attainment of at least a bachelor's degree or its equivalent.
An Employer starts the H-1B process by filing an H-1B Registration electronically, on behalf of the potential Employee. The employee will be selected by USCIS through an H-1B lottery process.
An Employer ( Known as Registrant) or the Attorney( Known as authorized representatives) may file H-1B Registrations with the USCIS
Step 1: Create an account.
Log on to my.USCIS.gov- click create an Account- sign up-follow the Instructions on the screen
Step 2: Choose a method to receive the verification code and enter the code when you receive it.
Step 3: If you have an attorney – do not click file a registration. Your attorney will prepare the registration and provide you with a passcode to review and approve the registration. Enter the passcode where it states, “Received a passcode from your Attorney or Representative”. Then, review and approve the Registration. Sign the G-28 and H-1B Registrant forms by entering Employer’s authorized signatory information. If you do not have an attorney, click file registration- follow the instructions in the screen.
Step 4: Pay $10 through pay.gov and send the H-1B Registration to the USCIS.
After the registration is completed, the employer will have to wait to hear from the USCIS to see whether the Employer’s potential employees have been selected through the Lottery.
If Selected, the Employer may file the completed H-1B application to USCIS to complete the H-1B Process.
If Not Selected: at the end of the fiscal year, (usually runs from October 1st of the previous year to September 30th of the current year)USCIS adds “ Not selected” to employees who are not selected within that fiscal year, on my USCIS.gov website.
1. The employer must be a bona-fide employer in the United States.
2. The job offer must be a bonafide Offer.
3. Employers should pay a salary to the employee based on the prevailing wage of the intended area of employment. ( Ability to pay)
4. If the employer has multiple worksites, the employer should pay the higher prevailing wage for all applicable worksites.
5. The employer must agree to abide by/comply with the following Labor condition Statements:
6. In addition, the Employer must also maintain a public disclosure file at the Employer’s principal place of business or the place of employment.
1. Information about the employer
2. Information about the H-1B Worker
Complete I-129 with H supplement and H-1B Data Collection.
Calculate appropriate filing fees:
File the case with the appropriate service center:
https://www.uscis.gov/i-129-addresses
Applying for the interview at US Consulate
For Indian Nationals, Our India team will be able to help with this process. Please reach out to info@scarborough.co.in
When the H-1B first make self-available for work/comes under the employer’s control AND
Not later than 30 days after the worker is admitted to the U.S., (if the H-1B worker does not reside in the U.S.)
Not later than 60 days after the worker becomes eligible to work, ( if the H-1B worker already resides in the U.S.)
An employer is required to pay the wage rate for all non-productive time caused by the following:
Failure to pay will result in the employee’s being “Benched”- Benched time must be compensated. Full-time workers must be paid full-time. Part-time workers must pay for the hours listed on LCA.
However, payment is not required, if the reasons are unrelated to the employment such as
Voluntary absence by the employee (absence must be truly voluntary)
The employer’s obligation ceases only after a bonafide termination of employment as follows.
Notify the H-1B worker that the employment relationship has been terminated.
Notify USCIS that the employment relationship is terminated.
Pay and/or offer to pay for transportation home, if required by USCIS
Generally, an H-1B worker is limited to a maximum stay of 6 years. The initial application can be approvable for 3 years and it can then extend for another 3 years.
If the H-1B has a passport not valid for the duration of the H-1B validity or the client contract (MSA/SOW) is for less than three years, then it is possible to have H-1B status for less than three years.
Yes. In certain circumstances.
The H-1B employee can recapture the time spent outside the US making the validity period extended.
Yes. However, the new employer must file a labor condition application and then a new I-129 petition.
Yes. If the worker is already an H-1B, he/she can begin to work for the new employer once USCIS
issues the receipt for the I-129 petition.
Yes. Please read our Green Card section to find out more details.
Yes. The immediate family of H-1B ( Spouse and unmarried children under 21) can accompany the H-1B to the United States.
They will no longer be eligible as dependents. They must apply to change to another appropriate visa status or depart the US.
Unfortunately, it applies only to Immigrant Children and not to H4s.
Yes. H4 dependents can attend school as long as their H-1B spouse maintains his/her H-1B status.
H4 dependents can use form I-539 to apply for an extension. However, the H4 dependents’ status depends on the H-1b spouse’s status. Hence, they can extend only up to the expiry date of the H-1B spouse’s visa. If H-1B is no longer in status, H4 becomes invalid as well.
Yes. Same as H-1B, H4 can travel outside and return during the validity period of the visa with following documents:
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