Important Information About An H-1B Petition

Immigration is a long and complicated process, which is why many hopeful immigrants hire immigration attorneys. Indeed, immigration law is an ever-changing landscape. One aspect of immigration law that's of special interest to a wide variety of people is the H-1B petition. Find out the important details about this petition for a visa.

What the H-1B Petition Is

The H-1B petition is an action your employer may decide to make. H1-B is a petition for a visa for temporary workers. The process for obtaining this temporary work visa includes filing a Form I-129, which is the petition for a non-immigrant worker. Your employer will also have supporting documentation and relevant fees to submit.

The H1-B visa is valid for three years. However, companies can file to have the visa extended for up to six years. In some specialized instances, it can even be extended for a full 10 years.

Eligibility for the H1-B Petition

As noted above, the H-1B petition is for non-immigrant workers, so not those who are looking to make a new life in the United States. Applicants mainly fall under the category of specialty occupations. These applicants perform services that a U.S. company can't fill with American applicants. Examples of services like this might be some of the specialized occupations in architecture.

Another category that falls under the H1-B petition is individuals working with the Department of Defense. The DOD contracts with individuals outside the U.S. to engage in cooperative research or development projects. These workers are some of the ones who may eventually be eligible for the 10-year extension on the visa.

Finally, oddly enough, fashion models fall under the H1-B petition. Said models must show that they are of distinguished merit and ability. Interestingly, the H1-B visa is not the one athletes use to work in the United States — they usually fall under the P-1 or H-2B visa.

Fees and Forms Associated with the H1-B Petition

As noted, the form an employer must file is the I-129. With the form and documentation, the employer must show that the individual holds the relevant degrees needed to perform well in the specialized position. For example, except in the cases of fashion models, H1-B visa applicants must hold at least a bachelor's degree as needed for their employment.

Currently, the filing fee for the Form I-129 is $460, which the employer normally pays. According to the National Law Review, the Department of Homeland Security is also proposing to implement a $10 fee for electronic registration. If approved, this proposed fee would go into effect in 2020.

If you feel you meet the requirements for an H1-B visa, talk to your employer about filing the petition.

For more information on immigration law, consult an immigration attorney in your area like those at David Borts Law Office.