H-1B1 PROFESSIONAL WORKERS

1. Equivalency: Experience or a combination of experience and education can be used to satisfy the Bachelor’s Degree equivalency requirement.

2. Prevailing Wage: U.S. employers are required to pay H-1B1 professionals 100% of the “Prevailing Wage”, as determined by the U.S. Department of Labor to prevent undercutting wages of U.S. citizens.

3. Cap & Availability: Only 65,000 H-1B1 visas are available per year for new employment.

4. Lottery: For fiscal year 2009, USCIS implemented a random selection process to issue H-1B1 Visa numbers because more than 120,000 H-1B1 petitions were filed requesting new employment against the 65,000 Cap. Unless U.S. Congress passes a law to increase the H-1B1 Cap, the random selection process will most likely be used for fiscal year 2010 also.

5. Visa & Status Validity: H-1B1 petition approval and visa issuance is for a maximum of 3 years per application and admission in H-1B1 status is for a maximum of 6 years.

6. Spouses & Children: Spouses and children (under age 21) of H-1B1 Professionals are entitled to obtain dependent H-4 visas and status. H-4 spouses are NOT eligible to apply for an “Employment Authorization Document (EAD)” and are NOT allowed work in the United States.

7. Green Card: The H-1B1 classification can lead to lawful permanent residence (Green Card) if the U.S. employer offers permanent sponsorship.

1) Explain the specific legal requirements contained in the U.S. immigration laws that must be proven to qualify for a H-1B1;

2) Explain the immigration procedures for filing and obtaining a H-1B1.

3) Review the offer of employment and occupation to determine H-1B1 qualification;

4) Provide recommendations for qualifying for a H-1B1; AND

5) Answer all questions pertaining to the U.S. immigration laws and procedures.