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MAIONA & MAIONA, P.C.
171 MILK STREET • SUITE 200 • BOSTON, MA 02109
TEL: (617) 695-2220 • FAX: (617) 695-6377 • EMAIL: mjm2@gis.net
H-1B VISA
I. Basic:
The H-1B visa is a temporary work visa that allows a highly skilled professional to be employed in the US. An employee who has this visa status can be sponsored for permanent residency.
II. Requirements:
(1) The worker must have a college/university degree related to the position he has been offered with employer (i.e. computer science degree for computer programmer); or
(2) The worker must have the equivalent experience in his field to substitute for a college degree. The standard is three years of work experience per year of education (four year college degree = twelve years of experience).
III. Necessary Documents:
(1) Copy of the applicant’s passport with family members if applicable, including all visas and I-94 cards issued;
(2) Copy of applicant’s college/university degree with transcripts;
(3) Copy of applicant’s resume;
(4) If worker lacks a degree, proof of previous experience in the field for the requisite number of years (college degree = 12 years of experience);
(5) Three checks from the employer made payable to "US Citizenship and Immigration Services" in the amounts of $190.00, $500.00 and $1,500.00 (if more than 25 full-time employees or $750.00 if less than 25 full-time employees) for the filing fees (Federal law requires that the H-1B filing fee, the $190.00, come from the employer's account directly); and
(6) Employer job description with job title and salary offered.
IV. Time Line:
(1) Regular Processing: If the application is processed via the standard filing procedure, it will take USCIS 60-120 days to process the application and grant the visa approval. The USCIS total fee for this service is $2,190.00 or $1,440.00 depending on the number of full-time employees as discussed above.
(2) Premium Processing: If the application is filed via the premium processing procedure, it will take 14 days or less to process the application and grant the visa approval. The process requires employer to pay to USCIS an additional $1,000.00 filing fee for the expedited service in addition to the $2,190.00 or $1,440.00.
V. Period of Validity:
The H-1B is valid for up to six years. Three years per visa.
VI. Family:
The spouse and children may accompany the worker to the US. Please be sure that each qualifying relative supplies a passport, marriage certificate and birth certificate. The spouse cannot work while in the US.
VII. Permanent Residency:
The worker may become a Permanent Resident if employer sponsors him/her for residency after their arrival in the US.
VIII. Previous Immigration Status:
If the worker already holds or ever held H-1B or any other status in the US, ( TN, L-1, etc.), they must provide employer with a copy of their current visa approval notice and the visa in their passport.
Please contact Matt Maiona, Esq. at the above number or email.
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