The H-1B visa is designed as a non-immigrant, employment-based visa for non-permanent workers. It allows highly educated foreign nationals to find work primarily in the Science, Technology, Engineering and Math (STEM) fields, also called ‘Specialty Occupations’. The change in laws has led to an increase in both the cost and processing of visa applications. The duration of the classification of an H-1B visa is three years, with the possibility of an additional three year extension. In order for an employer to file a petition with the United States Citizenship and Immigration Services (USCIS), they must take the proper steps to ensure that the foreign worker that is to be hired will not negatively impact U.S. workers. First they must attest that the hiring of the H-1B worker will not impact wages and working conditions of U.S. workers in the same field. Second, they must alert their other employees about the hiring of the H-1B worker.
If you have questions about H-1B visas and their laws, please contact us.