- H1B visa labor condition application
Posts Tagged ‘H1B visa labor condition application’
Working in the US with Specialized Skills
Are you someone that wants to move up the standings and work for big companies in the United States? But do not know if you have the right credentials to enter? We are here to assist you and give you a little information to help you get rid of any confusions you might have. The H-1B Visa is a visa that you need in order to work for specific occupations and also if your employment requires a degree or high qualification to specialize in particular fields. In this article, we will discuss about the H-1B visa and what the requirements are in order to apply in the right category of visa.
What is H-1B Visa?
There are similar permits to the H-1B visa; one of the permits that is similar to this is the TN permit. H-1B is basically a non-immigrant visa that is only issued in the United States under something that would be called “Immigration and Nationality Act”. This permits U.S. worker to provisionally hire overseas employees in field occupations. If a foreign worker with the H-1B status resigns or is terminated due to whatever reason from the subsidizing employer, the employee must both apply for and must be approved a variation of status to additional non-immigrant status since they got laid off, they will find another employer or they can leave the U.S immediately.
The period of the stay for the H1-B is 3 years, but it may be extended to six years but it cannot be over six years. The worker will be held accountable for the rational charge of the return transference if the employer dismisses the employee before the end of accredited stay. The employer will not be responsible for the transportation if he/she voluntarily chooses to resign.
How to apply for H-1B Visa?
As a Canadian citizen you cannot not apply for an H-1B. Rather, your employer will apply for an H-1B visa on your behalf. The employer plays the key role in helping the employee get the job he wants and be a professional. At first, the employer will file a Labor Condition Application (LCA) with the U.S. Department of Labor. This establishes the prevailing wage, that helps determine the minimum salary that a Canadian employee must be paid. After an employer obtains a certified LCA, the employer completes a form known as a “Petition for Nonimmigrant Worker” to the USCIS. The petition with the certified LC as well as accompanying fees and documents are then submitted to the USCIS for the purposes of processing. The entire application process takes a couple of months.
H-1B and path to permanent residency:
The H-1B visa allows individual to process two applications at the same time. You can have H-1B visa and you can also apply for permanent residence which is considered a “dual intent”. This implies that the H-1B holder can have lawful movement aim while still be the holder of the H-1B visa. When a worker with the H-1B visa travels outside of the U.S. for any reasons such as vacations or to visit family, he or she must get their visa stamped on the passport unless they have already done so for re-entry in the U.S.
H1B Visa Accompanying family members
There are many candidates who do not know what decision to make when it comes to their family. We all have responsibilities and we want our loved ones to be with us as a family. The individuals who are applying for H-1B visa can have their family accompanied with them abroad while working. The Individuals with an H-1B visa may accompany their family members with them, for example, a spouse, and children under the age of 21 to the United States under something many refer to as an “H-4” visa class. Now, there are certain conditions that have to be met to be considered eligible for this category. There are basic and simple conditions, however, if they are not met, the family members cannot accompany the principle visa holder of the H-1B visa. The conditions and requirements are listed below:
- The “H-4” Visa holder may stay in the U.S., as along as the H-1B visa holder maintains a lawful status
- H-4 visa holder is permitted to go to school and apply for things such as, a driver’s license, and open a depository account in the U.S.
Requirements to be eligible for H-1B
There are number of requirements that have to be assessed before the visa could be granted by the officials, the requirements are listed below:
- Everyone must have employee/employer association with the requesting U.S. employer
- Job must moderate as a domain occupation
- One of the leading requirement of the H-1B visa is, that you must have a degree for the position
- Income of the occupation
In what way do I establish that I will be paid the suitable salary?
In order to get an applicable salary, the individual must submit a Labor Condition Application (LAC) for the position. If you are currently working for a company, some of the evidence that must be shown for an appropriate wage would be:
How to show if degree is related to the “specialty occupation?
In order to establish that the degree is related to the occupation you will need documented evidence and that must be included in your application. Documented letters from previous employers and the professionals would be sufficient enough to explain how the degree is related to the position you were given.
- most recent paystubs from your occupation.
- most recent “W2” which would show the wages that you have received.
Contact Akrami & Associates
If you want H-1B visa and want to accompany any of your family members or if you just want to work in the United States alone as an employee and need assistance with your H-1B visa application, please do consider Akrami & Associates for all your legal needs. Our team of dedicated consultants and lawyers will take good care of you by presenting the best possible case for you and your loved ones. With Akrami and Associates there is always a way!!