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H1-B Visa Information


 

H-1B GENERAL INFORMATION

The H-1B visa is designed for foreign workers in "Specialty Occupations" and is used often to bring foreign professionals, professors and researchers to the American work place including: research foundations, hospitals and universities. Specialty Occupation is defined as an occupation that requires at least a Bachelor's degree in the field of intended employment. If the professional has a Bachelor's degree but the position does not require at least a Bachelor's degree to perform the duties, the occupation will not qualify for the H-1B visa category.

The H-1B visa may be held for a maximum of six years with an initial grant of up to three years. It is practical to request the maximum (three years) time period in the initial H-1B visa application process because filing is time-intensive and the fees involved can be costly.

An important benefit of the H-1B visa category is that the Immigration Act of 1990 gives H-1B visa holders special protections if they are applying simultaneously for Permanent Residency.

LABOR CONDITION APPLICATION REQUIRED

Employers wishing to sponsor H-1B workers must agree to the terms of the Labor Condition Application (LCA) by signing the bottom of the LCA form. Specifically, employers are required to maintain documentation supporting the statements that:

  • H-1B non-immigrants will be paid at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage, whichever is higher.
  • The employment of H-1B non-immigrants will not adversely affect the working conditions of workers similarly employed in the area of intended employment.
  • On the date the application is signed, there is not a strike or lockout in the course of a labor dispute at the place of employment. The Labor Condition Application cannot be submitted until the strike has been settled.
  • A copy of this LCA must be provided to each H-1B worker pursuant to this application and as of the date of signing this application, notice of this filing will be either provided to the bargaining representative, if there is one, or will be posted for ten consecutive days in two conspicuous locations where the H-1B workers will be employed.
  • The employer will pay reasonable costs for the return trip to the alien's home country if his/her employment is terminated before the end of their term of employment.

DEFINITION OF THE "PREVAILING WAGE"

The prevailing wage means a wage documented by real market data. The unchallengeable standard for prevailing wage is survey data reported by the State Employment Security Agency. Wage surveys from professional associations and other sources may also be used as guidelines. The salary offered must be at least 95% of the prevailing age to qualify for the H-1B visa category.

PROCESSING TIMES FOR H-1B VISA APPLICATIONS

In general, an application for change to H-1B visa status takes about three months from the time USCIS receives the application. This same schedule applies to extensions of previously approved H-1B visa status cases. If either the employer or the beneficiary (the alien) wishes to expedite the process, either party may file for the "Premium Processing" option which guarantees adjudication of the case within 15 days from the USCIS receipt of the application with a money back guarantee.

OTHER IMPORTANT FACTS ABOUT H-1B VISA

H-1B aliens are subject to Social Security (FICA), Medicare taxes. They are entitled to claim U.S. Resident Status for tax purposes. They are subject to Federal and State income tax unless exempt by a tax treaty. Family dependents holding H-4 visa status are not eligible for paid employment.

VISA PORTABILITY

In the case where you are filing for a transfer of H-1B visa from one employer to another, you may take advantage of the "visa portability" allowance. If you are in legal H-1B visa status for one employer and you wish to change employers (jobs), the new employer may file a new H-1 visa petition and you may work legally for the new company once the new employer has received Form I-797 from USCIS acknowledging that your application has been received.


University of Rhode Island • Office of International Students & Scholars • International Center • 37 Lower College Road; Kingston, Rhode Island, 02881

News

International Student Orientation

Graduate Students

Date: Thursday, August 21, 2014

Time: 10:00 a.m. - 12:00 noon

Place: Multicultural Center, Harge Forum Room


 

Degree and Exchange International Students

Date: Friday, August 29, 2014

Time: 10:00 a.m. - 12:00 noon

Place: Multicultural Center, Harge Forum Room


Conditional Admission Degree Students: A.C.E. Language Institute and RIA ELI


Date: Friday, August 29, 2014

Time: 1:00 p.m. - 3:00 p.m.

Place: Multicultural Center, Harge Forum Room

 



**IMPORTANT OPT INFO.**
Reporting responsibilities of F-1 International Students while on (OPT)

FALL 2014 OPT workshop schedule: TBA

Host Family Application Download in PDF format