Who issued. Visas H-1B exist to assist American companies are experiencing a temporary shortage of skilled labor. H-1B visa category issued by specialists of different professions coming to the U.S. to work. Family member’s visa holder H-1B (husband, wife, unmarried children under 21 years) was obtained visas H- 4.
Requirements for applicants for visas H-1B:
Have at least a bachelor’s degree (diploma of higher education is equivalent to a bachelor’s degree in the U.S.) or experience in the specialty equivalent to higher education. Exceptions are professional models. Work experience can be equated to higher education by the formula: three years in the specialty equivalent to one year of higher education.
Have a job offer from a U.S. employer. The employer must go through the labor certification in the U.S. Department of Labor and to ensure that the applicant will not pay less than 95% of the average wage received for the profession in the state.
If the specialty for which bidder will work on H-1B visa requires licensing (e.g., doctor, lawyer, architect), you must obtain the appropriate license for professional activity in a particular state.
Restrictions: H-1B status holder can only work in the company that is his sponsor (i.e. a company that filed a petition for him to receive H-1B). The annual number of visas issued H-1B category is limited quota. The quota is set for each fiscal year (beginning of the financial year in the U.S. – October) and is independent of the nationality of the applicant for a visa. Applications submitted at the time of exhaustion and quotas are not considered at the then-current rules do not carry over to the next year. Issued to family members of H- 4 visa does not entitle you to work.
The procedure for applying for a visa: For visa H-1B employer must first get to the labor certification in the Ministry of Labor and approval Immigration and Naturalization Service (Form I- 797) . Paperwork for labor certification and INS approval, usually engaged in immigration attorney cooperating with the company- employer.
When applying for a visa you will need to submit the following documents to the consulate:
- A completed application form (Form DS- 156). All men aged 16 to 45 years in addition to fill out a questionnaire form DS- 157.
- A valid passport
- Original Notice of Approval (Form I- 797)
- Copy of the diploma
- A copy of the work book
- Proof of experience in the relevant field
From your employer – the U.S. Company should submit:
- A copy of the approved Application (Form I- 129) INS filed in, and copies of any other documents filed with the I- 129;
- Copies of statements for the payment of salaries to employees of the company;
- Brochures, catalogs.
Some documents from the American company are confidential, so they should be sent to the applicant in a sealed envelope. These documents will not be returned to the applicant, but will remain in the archives of the embassy. In an interview at the consulate of the applicant for H-1B visa is not required to prove the absence of immigration intentions.
For visa H- 4 family members should submit proof of relationship with the principal applicant (marriage certificate, regular passport, birth certificate, etc.). Typically, H- 4 visas are issued simultaneously with a visa H-1B. Family members who will join the principal applicant later must, in addition to proof of relationship to bring to the interview with the consul of the original Notice of Approval (Form I- 797) and a copy of the main visa applicant. Family members also fill out a questionnaire form DS -156.
H-1B Visas are issued to citizens for a period not exceeding 2 years. Validity of the visa depends on the duration of the contract. Maximum stay in the U.S. in H-1B status may not exceed six years. H-1B status may be changed to another non-immigrant status and is allowed to change its immigration (obtaining Green Card). Validity of Visa and H- 4 status depends on the visa status and H-1B. Upon revocation of visa H-1B, H- 4 visa family members are automatically canceled.
Order of entry in the United States: Entry to U.S. non-immigrant visa section in detail guest, business and tourist visas.
Preparation ofH-1B statusin the U.S.: If you are in the U.S. non-immigrant visa that permits change of status (for example, visa B-1/B-2), you can find an employer and he may apply to the INS application for your H status -1B. Prior to applying the INS your employer must obtain the approval of the Ministry of Labor. In INS your employer must submit the following documents:
- Statement on Form I- 129 (Petition for Nonimmigrant work visa) with application to the “H- classification “;
- Contract between you and the employer;
- Letter from your employer to justify the need for you to work and job description;
- Form ETA- 9035 with the approval of the Ministry of Labor;
- Copies of your diplomas with an English translation (If in other languages) and confirming their compliance with a certain level of the American educational system;
- Documents proving the financial viability of your employer and its ability to pay you a salary (for large and well-known companies are not required);
- Statement on Form I- 539 (application for extension / change of nonimmigrant status) – served only to family members;
- Documents confirming family relationship with your family members (birth certificate, marriage certificate)
After 10-15 days, your employer will receive a confirmation that the INS received documents. CONSIDERATION statement goes on from 2 weeks to 2 months. INS decision issued form I- 797 (notice of the decision). INS refusal to change the status not subject to revision and may be challenged only in court.
Extension of stay “visa renewal”: To extend the period of stay in H-1B status should submit an application to the INS. The application applied the above documents (see list of documents required to change the status) with the addition of tax returns holder status H-1B for the last 2 years (if any) , certificate W- 8 (a document proving that you are not a resident of the U.S.) and a letter from the employer on the rationale for extension of stay. Extending a visa may not be more than 3 years. Being in the U.S. in H-1B status is possible for a maximum period of 6 years. H-1B visa next can only be obtained after a year outside the United States.
If you find yourself in a situation where the validity of H-1B visa has expired or you need a visa issued by a one-time, and you need to leave on time with the United States, you can use the procedure “upgrade” visa. To do this you need to apply to the U.S. Department of State (which is the State Department, not the Immigration and Naturalization Service) in the form OF- 156 (application for a non-immigrant visa) and attach to the application:
- Your passport and the passport of your family members;
- Form I- 94;
- Form I- 797;
- Letter from your employer with a description of your duties.
Within a month you will get an answer from the State Department and you will return your passport stamped to update visa.