Immigration Attorneys

Carl Shusterman

Raj Iyer

Immigration 101: H-1B Visas

Requirements for H-1B Status

Job Must Require 4-Year Degree

Applicant Must Possess Such a Degree Or Equivalent Experience

Prevailing Wage Requirement

Cap-Subject H-1B Visas

General Cap – 65,000 per Year

Advanced Degree Cap -20,000 per Year

6,800 H-1B Visas for Chile & Singapore

When to Apply for Cap-Subject H-1Bs

Starting April 1st Each Year

For Employment Starting on October 1st

Cap-Exempt H-1B Visa Employers

Working “at” Universities

“Related” or “Affiliated” Non-Profit Entities

Non-Profit Research Organizations

Government Research Organizations

Cap-Exempt Persons

Most Physicians With J Waivers

H-1B Workers Seeking Extension of Status

H-1B Workers Seeking Change of Employers

Procedure for Obtaining H-1B Status

Labor Condition Application (LCA)

Credentials Evaluation

Form I-129 Petition and Fees

Change of Status in U.S. or Obtain H-1B Visa Abroad

How to I-9 New H-1B Employees

List A Documents:

Beneficiary’s Foreign Passport

H-1B Approval

I-94

I-9 for H-1B Continuing Employment

Submit Extension Petition to USCIS before H-1B Expires

Write “240 days Extn.” and Date Form I-129 was Submitted to USCIS in Margin of Form I-9 Next to Section 2

Upon Approval: ReverifyEmployee’s Employment Authorization in Section 3

I-9 for H-1B Change of Employer (Porting)

AC 21 H-1B Employee Changing Employers can Work for New Employer once H-1B Filed

I-9: Use Employee’s Previous I-94 and Passport, Write “AC 21” and Date Form I-129 was Submitted to USCIS in Margin

F-1 Students with OPT

F-1 Students with OPT can Continue to Work after H-1B Petition Filed if OPT was Valid at Time of Filing

Period of Employment is Automatically Extended until September 30

“Cap Gap” H-1B filing

If OPT was Not Valid at Time of H-1B Filing, F-1 Students can Continue to Stay in U.S. if H-1B Petition was Filed within “60 Day Grace Period” after OPT Expiry

Alternatives to H-1B Visas

TNs for Canadians & Mexicans

E-3 Visas for Australians

L-1B, J-1, H-3, etc.

Questions?