School Specialty Publishing

A H-1B temporary worker is a foreigner who visits the United States to perform a specialized profession. A specialty occupation is defined as "an occupation that requires (a) the theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a baccalaureate or advanced degree in the specific specialty as a minimum to enter the profession in the United States. "[INA214 (i); 8USC 1184 (i)]

For accountants, for example, architects, teachers (primary and secondary, excluding teachers from schools), university professors, some types of nurses, lawyers, doctors, engineers and designers are all considered H-1B workers. The only way to make a decision if a particular worker will be eligible through the advice of an experienced immigration lawyer.

The H-1B visa remains one of the most versatile non-immigrant visas for employment, used by U.S. companies to hire foreign workers. Here is a list of questions to keep in mind when filing an H-1B petition.

An employer may request initial employment for up to 3 years. The H-1B can be extended. Generally, the maximum amount of times an individual may have the status of H-1B visa is 6 years. However, there are exceptions that allow an extension of H-1B beyond six years. An employer may apply to a foreign worker is full time or part-time employment.

Prevailing wage

The element of prevailing wage requires employers to demonstrate that the salary offered will not discriminate against U.S. workers by offering wages that are lower than the real wages of similar workers paid. Generally prevailing wage requirement is met by offering wages determined to submit a request for prevailing wage in the labor force State to demonstrate that the union contract is in force. H-1B laws require employers to pay higher real wages or the prevailing wage.

The labor condition application (LCA)

The LCA is an application by the employer for the Department of Labor attesting to certain conditions of employment offered. These conditions are:

· The higher real wages or force shall be paid;

· That the employee is entitled to the same benefits as other workers in the United States the same job;

· That the employee is not employed because American workers are on strike or lockout;

· That employment of foreign worker will not adversely affect the working conditions of other workers and

· That proper notification has been given to employees of the United States or the union representative if the position is the intention of the University Union's position to engage with H-1B non-immigrants.

The LCA must be made available to the Department of Labor (DOL) and public inspection. The stroke can be obtained online at www.lca.doleta.gov .

Spouse or child of an H-1B visa

Spouses and children of an H-1B visas are eligible for H-4. An H-4 spouse or unmarried children under 21 years. H-4 holders can not work in the United States, but are eligible to attend school part time or full time. To prove the relationship of the H-1B H a -4 AC.