H-1b Basics for Prospective Employees

H-1b season is coming! If you are a prospective employee, here is what you need to know:

1. You need a U.S. company sponsor. Every H-1b petition must be filed by a U.S. company with a Federal Employer Identification Number (FEIN). That employer is committing to a specific prevailing wage as set by the Department of Labor (DOL).

2. There are a limited number of new H-1b visas issued each year. USCIS accepts petitions only during the first week of April. Less than half are selected for further consideration through a random lottery system.

3. The job must require a minimum of a U.S. bachelor's degree in a specific field. The beneficiary must also possess the equivalent of a U.S. bachelor's degree, but the key is that the job itself must require a degree. This is determined by the complexity of the job duties, past case law, and the strength of your attorney's advocacy.

4. The employer must pay prevailing wage. Prevailing wage is determined by the DOL based on the Standard Occupational Classification (SOC) Code and location of the worksite. Similar SOC codes can have different prevailing wages, even within the same city.

5. An H-1b transfer is just a cap exempt new H-1b petition. The current administration gives no deference to prior H-1b petition approvals. Each petition stands alone on its own merits.

Want to know more? Need other options? Contact us at theteam@huwelaw.com or 415-496-9040 today.