Prerequisite:
At least the equivalent of a US BA or BS degree and a job offer in the
US for a position which requires that college education. The candidate
can only work for the sponsoring employer and a new petition is required
for transferring employment.
Before filing an H-1 petition, an employer must obtain an approved Labor
Condition Application (LCA) from the Department of Labor (DOL).
The LCA establishes that the employer will pay a foreign employee "prevailing
wage."
An LCA is geographically specific; therefore, transferring an H-1 employee
to a job site located outside of the Metropolitan Statistical Area (MSA)
covered by the LCA requires a new LCA and may require a new and/or amended
H-1.
Blanket
LCAs can cover more than one MSA and be valid for numerous employees.
They allow for the smooth transfer of an employee to new work sites,
and allow employers to file H-1 petitions directly with the Immigration
and Naturalization Service (INS) without waiting the additional time
needed for DOL to process a new LCA. Because DOL regulations require
an employer to create and maintain a public access file for each LCA,
blanket LCAs limit the number of public access files an employer must
maintain, saving an employer significant administration time.
Processing
Time:
It
takes about 60 (sixty) to 90 (ninety) days for us to obtain such a visa
for you.
Allowable
Duration of Stay:
The
H-1B is temporary in that it is available initially for three years
and for a maximum of six years. You may stay in this category in the
US up to 6 (six) years. An employer requiring a more permanent situation
should petition for a Green Card, which establishes lawful permanent
residence for the employee. Such a case can be processed while the employee
is in H-1B status. Accompanying spouse and children under 21 (twenty
one) years of age can come along.
