Can my spouse and children come to the U.S. with me? Yes! Your spouse and unmarried children under the age of 21 can apply for H-4 status, which can be submitted with the initial H-1B petition or anytime thereafter. However, if it is not submitted with the initial H-1B petition, it would not be eligible for premium processing. Can I change employers once I have an H-1B visa? Yes! Your new employer must file a Read More
How do I get my H-1B visa stamp?
Once your H-1B petition is approved, you can get the visa stamped in your passport. If you are already in the United States, it is not required to get the stamp before working on your H-1B visa. However, if you are outside the U.S. or are planning to travel outside the U.S., then you’ll need a visa stamp. The first step is scheduling an appointment for a visa interview with the U.S. consulate or embassy. Read More
How long will my H-1B visa be valid, and how long will it take USCIS to approve it?
How long will my H-1B visa be valid? Your visa will be valid anywhere from one to three years at first, depending on the evidence provided about the position. For example, a software developer could receive a three-year visa, while a physician during residency would only receive a one-year visa. You can extend your H-1B visa up to six years. There are certain exceptions to the six-year H-1B limit. The most common Read More
H-1B Specialized Worker Visa Application Process and Fee Structure
Whether you are outside or inside the U.S., the process of applying for an H-1B visa is the same. First, the employer must obtain a certified Labor Condition Application (“LCA”) from the Department of Labor. The LCA sets the “prevailing wage” for the position, which is the minimum wage rate the employer can offer to the foreign national. Next, you will fill out Form I-129, Petition for a Nonimmigrant Worker, plus Read More
When can I apply for H-1B visa?
First, if the employer is subject to the numerical cap, then both the employer and foreign national must register with the United States Citizenship and Immigration Services (“USCIS”) to enter the lottery system because there are always more applicants than visas available. The registration is $10. The registration window is March 1st-20th. USCIS will inform registrants who are selected in the lottery by March 31st. Read More
H-1B: Specialized Worker
What types of positions are typically specialty occupations? Licensed professions, such as architects, engineers, medical doctors, lawyers, accountants, etc., qualify for an H-1B visa. Additionally, professions requiring STEM degrees, such as scientific research and positions in technology, engineering, mathematics, software development, or other highly technical fields also qualify. If you or your employer have Read More
What are the requirements for an H-1B visa?
First, the position itself must meet the criteria to qualify as a specialty occupation. Second, the foreign individual must be qualified to perform the duties of the position, and documentation establishing both are required. The position must meet one of the following criteria to qualify as a specialty occupation: The position normally requires a bachelor’s degree or higher in a specific field. A degree is Read More
What is an H-1B visa?
H-1B visas are temporary worker visas used by U.S. companies to employ foreign college graduates, or higher, who have degrees in a specialized field, also referred to as a specialty occupation. The employer’s position must require specialized knowledge gained from a bachelor’s degree or higher in a specific specialty, or its equivalent, to qualify. There are very specific requirements to be eligible for an H-1B visa, Read More
The doctor is NOT your friend. Your I-693 Medical Exam is NOT confidential or privileged.
When you go to a USCIS-approved doctor for the service of USCIS medical exam, remember that–for the purposes of the USCIS exam–the doctor works for the US government, not for you. Anything that you tell the doctor could be communicated to the US government. The doctor cannot violate medical ethics by communicating information about you to other parties aside from USCIS, but for the purpose of the exam, you are Read More
Vaccinations — you have to get them unless you qualify for a medical and religious exemption
To get a green card through marriage, you need to undergo a medical exam with a USCIS approved doctor. You can find the doctors using the tool at this website. The doctor will give you a sealed envelope with Form I-693. You should also request an unsealed copy of Form I-693 so that your attorney can review it. The medical exam requires you to have certain vaccinations. You can find the vaccination list at this Read More
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