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The H-1B Visa allows a professional worker from abroad to be employed by a U.S.
employer (the Petitioner). The fundamental requirements for these positions
are that the candidate possess the equivalent of at least a U.S. Bachelors
Degree, as well as experience relevant to the position for which approval is
sought.
An H-1B employee may remain in the United States up to 6 years and no
particular relationship between the prior employer abroad and the U.S.
corporation is required. However, the employee must be licensed under his
particular profession in the United States and corresponding state, unless it
can be established that such licensure is not necessary.
(For example, a foreign
engineer working for a U.S. corporation but supervised by U.S. licensed engineer
may be able to avoid the state licensing requirement.)
The 'H' visa, as well
as the 'L' visa, is specifically exempt from the presumption of immigrant intent.
Under this change, working and living in the United States is possible during the
pendency of a Labor Certification filed by the employer to obtain the professional's green card.
CONDITIONS OF ADMISSIBILITY:
- Be a citizen of a country eligible for an H-1B visa.
- The transferee must have at least a Bachelor degree or equivalent.
(We prepare the file for credential evaluation by US firm for equivalency)
- The US position filed by the transferee must require at least Bachelor degree.
- The US employer must intend to hire the transferee for a period of no more than three years but the visa can be renewed another three years maximum.
- The salary paid to the employee must reflect the importance of the position held.
WORK PERMITS USA can prepare the file for credential evaluation by US firm; the prevailing wage in the state of work application (SESA) ; the labor certification at DOL and the visa application to INS. Many procedures to insure visa approval. If you are Canadian, so covered by the NAFTA treaty, you could use a TN visa (if you qualify) to be at workplace faster while proceeding with the H1B visa, which is a dual intent visa and then maybe after approval of H1B visa you might want to apply for a Permanent Residency (I-140) and green card.
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