The H-1B Temporary Worker visa allows foreign nationals to work in the United States in specialty occupations for a period of up to six (6) years. When applying for H-1B visa status, bet36365体育 must establish that the employee will be working temporarily at the university in a specialized occupation. The law defines a specialty occupation as one that requires the theoretical and practical application of a highly specialized body of knowledge and for which attainment of a baccalaureate degree (or its equivalent) is a 最低 for entry into the occupation in the United States. Basically, a specialty occupation is a professional position.
在一般情况下, an individual may hold H-1B status for a maximum of six (6) years, available in increments 不 to exceed three (3) years. The employer may 不 obtain approval for an H-1B worker if the worker has already been present in the U.S. continuously in either the H-1B or L-1 categories for the preceding six (6) years. Periods of stay in H and L status are added together and BOTH count toward the six-year limit. When the alien reaches the limit, he/she must reside abroad for a period of one (1) year before he/she can reenter the U.S. 在H-1B类别.
请注意: Because of the multiple steps, and the multiple government agencies involved, we can不 guarantee that the H-1B petition will be approved by any specific date. We can 只有 provide estimates of the timing involved, based on recent trends. We recommend that the application be made as far in advance of the proposed start date as permitted by law. H-1B petitions may be filed up to six (6) months in advance of a proposed H-1B start date, 但不是更早. The H-1B application process can be time consuming. Contrary to common rumors, it is 不 necessary to prove that there are no U.S. 人员.
Change of H-1B Employers (known as a portable case): An approved H-1B petition is 不 transferable between employers. If an applicant decides to change employers, he/she must begin the entire process again. 然而, an applicant who is already in H-1B status may begin working at the new employer as soon as the new H-1B application is received by USCIS. Final USCIS approval is 不 required for the employment to begin, but 只有 the issuance of the USCIS receipt 不ice.
家属: Dependents of H-1B visa holders are on an H-4 visa and are 不 authorized to accept employment under any circumstance. H-4 visa holders may apply to change their visa status to H-1B if they find an employer who is willing to file a petition on their behalf.
The whole process can take anywhere from 3 to 5 months (可能会有变化), depending upon government and departmental response times. All services by the OIE office will be provided in a timely and expeditious manner. Without completion of the previous stage, it is impossible to proceed to the next stage.
USCIS has now instituted a system by which applications for H-1B status can be expedited if required. The fee for the service is $1,225.00, on top of the normal $320.00 filing fee and/or the $500.00欺诈费. 高级处理 can 只有 be initiated by submitting current Form I-907 with the petition. There are a few things to be aware of. First, the expedite service 只有 涵盖了 USCIS处理时间. It does 不 provide any mechanism for expediting the Department of Labor Prevailing Wage Request, or the Federal Department of Labor LCA. An approved LCA is required before submission of the H-1B petition can be made to USCIS. Second, the expedite service 只有 promises a response to the petition within 15 days. If, 出于某种原因, USCIS decides that more information is required, a "request for evidence" (RFE) will constitute their response. In other words, an approval is 不 guaranteed within 15 days - just a response. 如果生成了RFE, the 15 day clock begins again when USCIS receives the requested additional evidence. Even with these limitations, the expedite service can cut filing times considerably.
All checks must be made payable to "Department of 首页land Security". Each fee must be paid on a separate check and the employer (bet36365体育) is responsible for payment of all fees. The possible exclusion to fee payment requirement is the 高级处理 cost. If the department delayed the processing of the H-1B request, it will be the Department's responsibility to pay the fee. 然而, if it is a convenience request by the H-1B member, the fee can be paid by the H-1B recipient. The department must advise the OIE office of this exception in writing and stand behind the validity of the recipient's check.
Please mark "高级处理 Requested" at the top of the H-1B Application packet in order to request this service.
For more information on 高级处理, see 美国公民及移民服务局网站.
大学除外 from the annual H-1B cap, effective October 17, 2000. There is no limit on the number of H-1B petitions the 内布拉斯加大学 at Kearney may submit. This makes the university a "Cap Exempt Petitioner."
During the process, the applicant should contact the department first 有问题的. If the OIE office needs additional documents or clarification, the OIE office will let the department know.