H-1B Temporary Workers

H-1B non-immigrant status is available to individuals in "specialty occupations," who are offered temporary employment in the United States. H-1B status is distinguishable from some other non-immigrant categories in that it allows an individual to have the intent to immigrate and does not require maintenance of a foreign residence. "Specialty occupation" is defined as a job requiring specialized knowledge and attainment of a bachelor's or higher degree (or its equivalent) in the area of specialty as the minimum requirement for the particular position. In some cases, work experience alone may suffice. An initial H-1B petition may be approved for a period of up to three years, and extensions are available in increments of up to three years. The total amount of time an individual may spend in H-1B status in the United States is six years, although there are exceptions to this rule. In addition to filing an H-1B petition, the employer must obtain certification of a labor condition application whereby the employer attests to the U.S. Department of Labor that it has complied with certain labor conditions. Please contact our firm for more information regarding documentation and changes in employment.

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