Ayoa h1b visa license#

The Labor Condition Application must be posted at the principle place of work for ten business days. There is no ongoing labor dispute or lockout at the place of employment 11 The H1B worker's condition will not have an adverse effect on similarly situated U.S. He or she will pay an H1B worker equal to or above the average of wages for the occupation (whichever is highest) 9 10 The application requires the employer to certify that: Rules for Labor Condition Applications and Complaint ProceduresĮmployers petitioning for H1B workers are required to file a Labor Condition Application with the Secretary of Labor. 8 Applicants with master's degrees or higher should always first apply for the H1B Master's Degree Exemption in order to have the best chance to obtain an available H1B visa. While employers may not seek both a regular H1B visa and an H1B Master's Degree Exemption simultaneously visa 7, unsuccessful applicants for the H1B Master's Degree Exemption visa are subsequently placed in the pool of applicants for normal H1B visas. 5 6 If an employer is seeking an H1B visa for a foreign worker with a master's degree or higher, the employer may first apply for one of the 20,000 H1B visas created by the H1B Master's Degree Exemption. Since 2004, there has been a separate pool of 20,000 H1B visas under the H1B Advanced Degree Exemption. If any of the 6,800 H-1B1 visas are not allocated in a given year, the extra H-1B1 visas are returned to the main H1B visa pool for general applicants.

5,400 H-1B1 visas are set aside for nationals of Singapore and 1,400 for nationals of Chile. Of the 65,000 available H1B visas, 6,800 are set aside for a special admission labeled H-1B1. Since 2004, the United States has capped the number of H1B visas it grants at 65,000 per year, and each year the demand for H1B visas has far outstripped the supply. Meeting the criteria for eligibility for an H1B visa does not guarantee that the applicant will obtain one. Must have either a bachelor's or higher degree in the specialty being applied for or have experience in the specialty that is deemed equivalent to a bachelor's degree or higher 3 Rules for Annual Caps on H1B Visas 4

Ayoa h1b visa license#

Must obtain a state license to practice the job being applied for, if applicable 2 H1B applicants must meet the following criteria to be eligible for an H1B visa: Since 1990, H1B visas are issued only for employment in a “specialty occupation” that requires theoretical and practical application of a specialized body of knowledge. Requirements for Qualifying for H1B Status 1 In order to apply, the nonimmigrant applicant's employer must submit an H1B petition to the United States Citizenship and Immigration Services (USCIS). The H1B visa is a type of nonimmigrant visa that allows the visa holder to work in a statutorily defined “specialty occupation” in the United States for three years, with extensions possible in most cases . Increased Scrutiny for H1B Dependent Employers.Rules for Labor Condition Applications and Complaint Procedures.

Requirements for Qualifying for H1B Status.Typically the following materials are required:Ī.letter of offer, including a job description, dates of proposed employment, and salary ī.evidence that the wage offered is the prevailing wage Ĭ.evidence the employer is able to pay the offered wages ĭ.a letter in support of the filing summarizing the position offered and the beneficiaries credentialsĮ.evidence that the foreign national if in the US, or has been in the US, has maintained his/her status, including: copies of their passport, I-94, and other current and previous immigration documents andį.Evidence of your education and/or experience.ģ.Names and addresses of all relevant affiliates, subsidiary and parent companies, branches, overseas offices, etc. Once the LCA has been approved and is returned by the Department of Labor, the employercan forward the supporting documentation to you and you can apply for your visa at the US consulate.