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H1-VISAS (H1)

 

H-1B VISA: for aliens in specialty occupations
H-1C VISA: for professional nurses in the health professional shortage areas
H-2 VISA: for a temporary worker to fill a temporary job
H-3 VISA: for an alien to obtain a training program.

H-1B VISA:
What is an H-1B visa & am I eligible?
This category of visa is issued with limitation each year on a first come first served bases. Thus, if the annual supply of H-1B visas is exhausted before the end of the fiscal year, employers and H-1B beneficiaries must wait until the following October to obtain H-1B status.
REQUIREMENTS
1) degree required for the occupation
2) any required state license to practice in the occupation ( the license must be obtained prior to approval of the H-1B petition) OR
3) The equivalent of a bachelor’s degree through the combination of education, training and progressively responsible experience in the specialty occupation.
Businesses are allowed to determine what the minimum requirements are for the job and whether an alien meets them.

H-1B VISA DUAL INTENT
Dual intent is when an alien can apply for a non immigrant visa and at the same time have the intention to immigrate to the U.S. in the future. Dual intent can be recognized if the employer establishes that it will employ the alien only for the length of stay permitted by the CIS and if the alien establishes that he or she will abide by the terms and conditions of the H-1B petition and will remain in the United States only as long as permitted by the CIS. H-1 aliens may maintain their nonimmigrant statue while their application for adjustment of statue is pending. These applicants and their dependent family members no longer have to obtain advance parole authorization prior to travel outside of the United States.

SINGAPORE AND CHILE CITIZENS
1) These individuals are required to meet the definition of “specialty occupation” set forth in their individual country’s foreign affairs manual or submit proof of alternative credentials as set forth in the respective foreign affairs manual;
2) A job offer letter from the employer;
3) Proof of labor attestation
4) Proof of payment of any special fee, if applicable
5) Payment of the machine-readable visa fee.
The employment of an H-1B1 professional is not required to submit a petition to the DHS as a prerequisite for classification or visa issuance, but the applicant is required to submit evidence of eligibility for H-1B1 classification directly to the consular officer at the time of visa application.
Similar to the H-1B visa employers of H-1B1 professionals must file a labor attestation, using form ETA 9035 or 9035E and an LCA clearly showing the employer as “H-1B1 Chile” or “H-1B1 Singapore”. The validity of the visas should not exceed the validity period of the LCA. For more information, Call 1 888 MADALON

H-1C VISA
(PROFESSIONAL NURSES IN HEALTH PROFESSIONAL SHORTAGE AREAS)
The requirements for this category are the same as the requirements for the H-1A program with the following addition. The employer is required to show that it is a hospital in a shortage area. This simply means that the number of H-1C nurses will not exceed one –third of the total number of nurses employed and that the H-1C nurse may not be transferred out of the shortage area.