Immigration 101: H-1B Temporary Work Visas
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This presentation explains the requirements for H-1B visas. Schedule a legal consultation at http://shusterman.com/schedule-immigration-consultation.html
H-1B visas are granted to persons who jobs require a Bachelors degree or equivalent, who possess such a degree/experience and whose employers agree to pay them either the prevailing wage, or the actual wage, whichever is higher.
Since 1991, H-1B visas have been subject to a numerical cap, which is currently set at 85,000. Since employers submit over twice that many H-1B petitions, applicants are subject to a lottery.
However, the following are cap-exempt:
* Working "at" an institution of higher education;
* Non-profit employers which are "affiliated" with or "related" to institutions of higher education;
* Non-profit research organizations
* Governmental research organizations
In addition, physicians who have received J waivers are not subject to the numerical cap.
Before submitting an H-1B visa petition, an employer must receive an approved Labor Condition Application (LCA) from the US Department of Labor.
This video discusses LCAs, cap-exempt H-1Bs, extension of stay, change of status, change of employers and post-6th year H-1B extensions.
For more information, please see our H-1B Visa Guide at http://shusterman.com/h1bvisaguide.html
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