Employment-Based Immigration: H-1B Status

Companies in all industries rely on The Chander Law Firm to lawfully employ highly skilled foreign national workers under the H-1B Specialty Occupation Program.

The H-1B program is the principal mechanism for United States companies to hire foreign nationals with degrees in STEM (science, technology, engineering, and mathematics) fields, business, education, health care, and other professional occupations.  The requirements of the H-1B program can be complicated.  Companies seeking to hire employees under the H-1B program must comply with filing deadlines, wage and condition attestations, and document preservation requirements. 

Get the guidance you need.  If you have questions regarding the H-1B program, contact us today.  You can learn more about the H-1B program below.

The H-1B Program: Hiring Specialty Occupation Workers

H-1B status may be granted to an alien who will be working in a specialty occupation for a United States employer.  A Specialty Occupation is one requiring theoretical and practical application of body of specialized knowledge demonstrated by the attainment of a bachelors degree or higher in the specialty as a minimum for entry into the occupation.

Annual Quota: Cap Subject

The number of H-1B visas are subject to an annual quota of 65,000 H-1B visas each fiscal year.  6,800 of those visas are allotted for Chile and Singapore Free Trade Visas.  An additional 20,000 H-1B visas are available for masters degree graduates of U.S. institutions of higher learning.

The annual H-1B application filing period begins on April 1 of each year for employment starting on the first day of the next fiscal year – October 1. 

Cap Exempt Positions

Certain aliens are not subject to the annual cap on H-1B visas.  This includes aliens who:

• work at institution of higher education or a related or affiliated nonprofit entity, nonprofit research organization, and governmental research organizations
• were previously counted against the H-1B cap within the previous six years, and
• are eligible for the Conrad 30 program (foreign physicians – very limited)

H-1B Employer Duties

H-1B employers are subject to number of requirements.  Employers must complete a Labor Condition Application (LCA).  In the LCA, the employer attests:

• To offer H-1B employees the required wage (the greater of prevailing wage for the occupation or other wage determination options – independent survey & trade/industry wage determinations)
• To provide conditions for H-1B workers that will not adversely affect other workers similarly employed
• There is no strike or lockout
• To provide notice to bargaining representative or by posting
• To provide H-1B employee copy of LCA and
  To maintain a Public Access File & Private Access File

H-1B Status Duration

H-1B status is granted for an initial period of 3 years and is renewable for additional 3 years.  Extension beyond 6 yeas is available under the following circumstances:

• 1 year extension is available when a Labor Certification is pending on behalf of an employee for at least one year
• 3 year extension is available after approval of I-140 filed on behalf of the employee

H-1B Portability

Provisions exist to facilitate the movement of H-1B employees to new employers.  The new H-1B filing becomes valid upon receipt of the petition by USCIS.

Questions Regarding H-1B Status - Contact The Chander Law Firm

If you any questions regarding H-1B status, do not hesitate to contact The Chander Law Firm.

Basic H-1B Fact Sheet

H-1B Guide for Employees Required to Hire Immigration Counsel

A Guide for University Graduates: Moving From OPT to H-1B Status

Recommended Timeline for H-1B Filings