For individuals who can fill a specialty occupation (more commonly referred to as a professional occupation), H-1B visas/statuses are available. To be eligible for this visa/status, a job offer must already be in place for a position that requires at least a bachelor’s degree. Additionally, the employer offering the position must pay the prevailing wage for the position that is offered to the H-1B applicant.
Only 65,000 applicants are granted the H-1B visa/status every fiscal year, which begins for the United States Citizenship and Immigration Services (USCIS) on the first day of October. With that in mind, H-1B applications may be filed up to six months in advance of the beginning of the USCIS fiscal year, April 1.
In 2007, there were more than double the number of applicants than positions available. On the first day of the USCIS fiscal year in 2008, again, far more applications were received than the available number of H-1B visas/statuses. In both 2007 and 2008, petitions for the H-1B visa/status were selected by lottery. Though there was a significant reduction in the number of petitions in 2009 due to economic slowdown, it is expected that the cap will again become a problem when the economy fully rebounds.
However, it should be noted that not all H-1B visa/status applications are subject to the annual cap. For instance, individuals who already have the H-1B visa/status and are looking to extend their stay will not be counted toward the cap. Additionally, individuals who are employed by some universities, university-affiliated organizations, and non-profit organizations may not be restricted by the cap. Finally, those individuals who hold post-secondary degrees (master’s or better) from an institution in the U.S. will also be subject to a higher cap level.
Initially, the H-1B status is available for up to three years. However, an individual may extend his or her H-1B status up to a total of six years provided the individual’s specialty occupation continues and the employer continues to be capable of compensating the prevailing wage.
Under some circumstances, individuals who hold H-1B status may obtain an extension beyond the sixth year if they hold labor certification (PERM), employment-based permanent residency, or an application for the adjustment of status that has been pending for more than a year. In those cases, H-1B status may be extended one year at a time.
Immediate family members—a spouse and any child who is younger than 21 and unmarried—of the primary beneficiary will be eligible for H-4 derivative status. As such, family members will be allowed to accompany primary beneficiary of the H-1B status into the U.S. Furthermore, anyone holding the H-4 status may attend schools in the U.S.
When applying for the H-1B status, the Austin immigration attorneys at the Kaba Law Group, PLLC. typically charge the following attorney’s fees when filing in the United States at the United States Citizenship and Immigration Services (USCIS) (please take a moment to look over this disclaimer), along with the fees currently charged by the USCIS to file an application:
Principal Worker:
Family’s Application (If Any Family Is Also Applying):
At the Kaba Law Group, P.L.L.C., our Austin immigration attorneys are well experienced with the representation of clients applying for the H-1B status. To discuss how we may be of service to you with one of our Austin immigration attorneys, please call our Austin offices.
For seasonal or temporary and non-agricultural skilled and unskilled workers, the H-2B visa/status is available. To obtain this status, the petitioning employer must intend to employ the worker only temporarily and, furthermore, must be capable of demonstrating the temporary need of the applicant’s skills. To be considered a temporary need, one of the following conditions must typically have been satisfied: 1) a seasonal need that is recurring; 2) a need that is intermittent; 3) a peak load need; or 4) a specific need that is based on a one-time occurrence.
Only 66,000 new applicants will be approved to receive the H-2B visa/status every fiscal year. Furthermore, the annual cap is equally divided into two groups: 1) 33,000 are distributed in the first half of the United States Citizenship and Immigration Services (USCIS) fiscal year and 2) 33,000 are distributed during the second half of the USCIS fiscal year.
The first half of the USCIS fiscal year begins on the first day of October every year, while the second half of the USCIS fiscal year begins on the first day of April every year. These petitions may be filed up to six months prior to the first day of each half of the USCIS fiscal year. In 2005, all of the available H2-B visas were claimed within the first three months of the fiscal year.
As a further stipulation, the position that is being offered may not be able to be filled by a qualified U.S. worker nor may it adversely affect the working conditions of any U.S. employee who holds a similar position.
The initial period of time granted to H-2B visa/status holders to work in the United States is largely determined by the period of time the services are needed for the temporary position. The period of time allotted under this visa/status should coincide with the length necessary to complete the temporary assignment. These positions should generally not extend beyond an initial period of one year, however extensions in increments of one additional year may be granted under special circumstances—though the total period must not exceed three years.
The spouse and children (as long as they are under 21 years old and unmarried) of H-2B primary beneficiaries are eligible for H-4 derivative status. As such, the spouse and children of the primary beneficiary may accompany him or her into the United States. Additionally, anyone with the H-4 derivative status will able to attend schools in the U.S.
There are three general steps in the application process: 1) the company that is petitioning on your behalf must file for your labor certification with the state workforce agency that has required the petitioning company to advertise for that specific position; 2) the company must then file a nonimmigrant petition with the USCIS; 3) the applicant must apply for the H-2B visa/status at a United States Consulate Office in his or her home country.
The Austin immigration attorneys at the Kaba Law Group, P.L.L.C. charge the following in attorney’s fees for normal cases filed from within the United States at the USCIS (please take a moment to read this disclaimer), along with the fees charged by the USCIS:
At the Law Office of Kaba Law Group, P.L.L.C, our Austin immigration attorneys are extensively experienced with the representation of individuals applying for the H-2B visa/status. To discuss how one of our Austin immigration attorneys can help you.
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