H1B1 Visa

Frequently Asked Questions & Answers

11. Can I extend my stay on an H-1B1 visa?

Yes. The H-1B1 visa status can be extended yearly for a maximum duration of six years.

12. How do I apply for an H-1B1 visa?

You apply for an H1B1 visa directly at the US Consulate in your home country. You must submit the appropriate nonimmigrant visa application, along with an employment offer letter, a certified Labor Condition Application (LCA) and the relevant supporting documents.

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13. Do I need a petition approval from my US employer?

No. The H-1B1 nonimmigrant visa does not require that a Petition to be approved by the USCIS before you can apply for an H-1B1 visa.

14. Do I need a license for a specialty occupation?

While the H-1B nonimmigrant visa category requires the you have any required licensures before you apply, classification as an H-1B1 nonimmigrant professional does not have that same requirement. According to 9 FAM §41.53 N28.6, licensure to practice a given profession in the US is a post-entry requirement, subject to enforcement by the appropriate state or other sub-federal authority.

Proof of licensure to practice in a given profession in the US may be offered along with a job offer letter, or other documentation in support of an application for an H-1B1 visa. However, 9 FAM §41.53 N28.6 states that admission/classification should not be denied based solely on the fact that the applicant does not already hold a license to practice in the United States. [Note: Aliens seeking classification as H-1B1 are subject to the INA §212(a) (5) (C) ground of inadmissibility for uncertified foreign health care workers.]

15. What is the procedure to apply for an H-1B1 visa?

The H-1B1 process has several steps:

1.Once an employer decides to sponsor you for an H-1B1 visa it must obtain a Prevailing Wage determination either through the DOL iCERT portal or through an independent survey

2.The employer must file a Labor Condition Application (LCA) with the US Department of Labor

3. Once the LCA has been approved and is returned by the Department of Labor, the employercan forward the supporting documentation to you and you can apply for your visa at the US consulate. Typically the following materials are required:

a.letter of offer, including a job description, dates of proposed employment, and salary;

b.evidence that the wage offered is the prevailing wage;

c.evidence the employer is able to pay the offered wages;

d.a letter in support of the filing summarizing the position offered and the beneficiaries credentials

e.evidence that the foreign national if in the US, or has been in the US, has maintained his/her status, including: copies of their passport, I-94, and other current and previous immigration documents; and

f.Evidence of your education and/or experience.

3.Names and addresses of all relevant affiliates, subsidiary and parent companies, branches, overseas offices, etc. There must be at least three or more related entities around the world to qualify for a Blanket petition