JERRY C. CHANG LAW OFFICE, P. C.
6057A Arlington Blvd. (Rt.50), Falls Church, VA 22044
TEL: (703) 237-1170 FAX: (703) 534-8734

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H1B Application

  • Introduction of H-1B Visa
  • Data Sheet

    Introduction of H-1B Visa

    What Does the Employer do?

    Qualify as a US Employer.
    The employer must have a US taxpayer identification number. Foreign businesses not established in the US cannot use this visa to bring employees here.

    Obtain an Approved Labor Condition Application.
    The employer must prepare and file a Labor Condition Application (LCA) with the Regional Office of the Department of Labor (DOL). The LCA is a form which must be carefully prepared and posted in two conspicuous places at the work site. The form requires the employer to describe the position and the salary. The LCA also requires the employer to attest to complex facts concerning the wage, working conditions, labor conditions and the giving of notice.

    Once the LCA is approved, the employer files a petition with the Immigration and Naturalization Service. The employer must document that the position requires the services of a person in a "specialty occupation." This means a person who is working in a professional position and who has a minimum of a bachelor’s degree or its equivalent.

    What Are the Employer’s Liabilities?

    Completing the LCA is just the beginning. The employer must also maintain wage and hour records, as well as information concerning working conditions for all similarly situated employees. Upon request, these records must be provided to DOL’s Wage and Hour Division.

    If an employer does not document the wage, pay the required wage or maintain the required records, the employer could be liable for substantial penalties including back pay and fines of up to $1000.00. the employer could even lose the right to apply for H-1B visas as well as all other immigrant and nonimmigrant visas for up to one year.

    If the employer terminates the services of the employee prior to the expiration of the H-1B visa the employer is responsible for paying the employee’s return transformation to his or her last foreign residence.

    What does the Employee do?

    The employee must prove that he or she is qualified for the specialty occupation and the specific job offered by the employer. The employee must be able to show that his or her foreign university degree is the equivalent to a US degree by obtaining a credentials evaluations of his or her education. The study or degree of equivalency must be related to the job offer.

    If the worker is in the US and currently holds a valid nonimmigrant visa status, he or she may apply in the US for the H-1B visa. For example, if he or she is in lawful student status (F-1) the worker may seek a change from F-1 to H-1B. This change only gives the person the ability to work in the US for the sponsoring employer. If the worker needs to travel abroad, he or she will need to apply for an H-1B visa at a U.S. Consulate. Workers not in lawful status in the U.S. or those residing abroad, must apply for an H-1B visa at a U.S. Consulate.

    How Long Can the H-1B Employee Remain in the US?

    The H-1B is a temporary visa with specific limitations on periods of stay on the United States. The initial petition may be approved for up to three years. After the initial period, three or more years are available.

    The employer must update or refile the LCA and must file H-1B petition extensions. After six years, the worker must spend one year outside the United States before he or she is entitled to have another H-1B visa. Many workers on H-1B visas obtain permanent resident visas (the "Green Card") during their initial stays in the U.S.

    The H-1B employee’s spouse and unmarried children under 21 years old may be granted an H-4 visa. An H-4 visa holder is not permitted to work in the United States. They may, however, attend school.

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    H-1B Application Data Sheet

    1. Job Offer: Employer’s Name, Address, Phone/ FAX #, offered salary, job title and the date employment begins.
    2. Your legal name as shown on passport and any other names used.
    3. Your overseas address.
    4. Date and place of birth (city and country).
    5. Social Security Number (Yours, spouse's, and children's).
    6. Spouse (if married): name, address and nationality.
    7. Children (if any): names, dates and places of birth, present addresses.
    Documents to be Submitted
    1. Copy of I-94 Card (Both sides), I-20 (for F-1 holder only)
    2. Copy of School transcript & diploma, or evaluation report for foreign degrees (if applicable).
    3. Copy of passport (pages indicating date & place of birth, visa issued by US Government, passport number and expiration date).
    4. Your Resume
    5. Job offer letter from the petitioner.
    Basic Requirements for H-1B Petition
    1. Beneficiary must have a Bachelor's degree or equivalency in a related field to the job offer.
    2. Job offer must be professional in nature (specialty occupation).
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