H-1B Visas for Highly Skilled Workers
√ Must be a specialty occupation, the position usually requires a Bachelor’s degree or equivalent work experience.
√ Employer-employee relationship
√ The employer must pay the required prevailing wage.
√ Determine if you are subject to the H-1B cap or are cap-exempt.
√ Prior to filing the H-1B petition, the employer must submit a Labor Condition Application (LCA) with the Department of Labor.
√ The employer must pay for all government filing fees.
√ Complete the Form I-129, Petition for a Nonimmigrant Worker, submit filing fees, and all supporting evidence to USCIS.
√ H-1B workers may stay up to a six-year maximum (granted in two three-year increments).
√ H-1B status can be extended past the six-year maximum in certain situations.
√ Spouses and unmarried children under the age of 21 may join the H-1B worker.
√ Dependents will be granted the same period of stay as the H-1B worker.
√ Certain spouses have work authorization.
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