H1 Visa Requirements & Document Checklist
The original H1 visa was created in 1952 by the US Immigration and Nationality Act. It allowed the Attorney General to import temporary skilled workers during times of labor shortages. These workers had a non-immigrant status. In 1990 President George H. W. Bush gave a gift to the world through the Immigration Reform and Control Act of 1990. The H1 became the H1B visa. The visa is for a period of three years which can be extended to six years.
The essential requirements of the H1B visa are that the non-immigrant employee should bring in specialized skills. The future employee should have a four year Bachelor’s degree or its equivalent from a recognized university or college. It should be understood that the person who will file the application will be the prospective employer. The employer has the need for a worker with special experience and skills. These skills being unavailable in America, the employer wants to hire someone from another country,
The employer is required to file an application with the US Department of Labor and it is called a Labor Condition Application. Once the Department of Labor accepts the need for the H1B visa the employer can go ahead and seek a suitable candidate. A crucial requirement is of determining an acceptable wage for the prospective employee. It should be equal or more than the one being received by similar workers in America. The responsibilities, skills and experience for the particular job must be precisely defined.
The completed Labor Condition Application, duly signed by the employer has to be submitted to the Department of Labor. It should guarantee that the working condition of the new comer will be as good as the one provided for existing workers. This is to prevent the exploitation of foreign labor or discrimination against the existing ones.
The employer has to display prominently at two locations in the work place the copy of the application for the H1B visa. In case a labor union is involved then the union’s representative has to be given a copy of the H1 visa application.
There are many documents required for the completion of an H1B application. The initial process starts with a simple resume sent to the future employer. Once that has been found acceptable other documents to be submitted include copies of all the relevant pages of the employees passport. Other documents to be submitted include a copy of the Bachelor’s degree, its transcripts, work experience certificates, a document which authenticates the current employment status of the employee and his or her bio-data information.
One can get relevant forms from the US Consulate. The employer has to submit an I-129 form. He will also have to submit various relevant documents concerning his company’s finances and adequate proof that a special skilled worker is required from a foreign country. The employer should have a legitimate office and be a genuine registered American company. The employer is governed by all relevant laws under the US Citizenship and Immigration Services (USCIS).
The cap on H1B visas is 65,000 per year but visas for additional 20,000 applicants are available for people who have a master’s degree. Students trying for a doctoral degree are also eligible. Applications made to universities and colleges do not have any limiting caps.