Hi, my name is Kate Powell and I'm an attorney in San Diego, California. I practice immigration law and today I'm going to discuss the H-1B visas. The H-1B is one of the most popular work visas. So, what are the requirements for the H-1B visa? One of the most important requirements is that you have to have an employer who is willing to petition for you for the H-1B. Very often, US employers realize that a foreign professional can fit a job within a company very well, but a lot of employers are hesitant to start the H-1B petitioning process because they think that it's too complicated and too lengthy. However, it is not as difficult as it seems to start the process. So, you have to identify the position that the foreign worker is going to fill, and for this, every job has to be evaluated on a case-by-case basis to determine if it's going to fit the H-1B purposes. The second step in this process is to analyze the credentials of the foreign professional and to identify whether the education that the foreign professional has fits the H-1B purposes. In order to qualify for the H-1B, a foreign professional has to have a bachelor's degree or its equivalent. Sometimes, foreign professionals do not realize that even though they do not have formal education, they can still qualify for the H-1B. A lot of professionals have extensive training in the field and extensive work experience, but they do not have formal education, and this is not a problem for the H-1B as long as the experience is determined to be equivalent to a U.S. bachelor's degree. The third requirement, the third step in the H-1B process, is to determine the prevailing wage for the position. The prevailing wage has to be determined...
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H2b visa requirements Form: What You Should Know
States for employment in nonagriculture occupations. The program is administered by the U.S. department of labor in conjunction with the State workforce agencies and the U.S. Department of Homeland Security. The purpose of the H-2B is to help fill critical shortages in the U.S. agricultural industry. Foreign Labor Certification Requirements Foreign labor certification of employees for H-2B employment is an additional requirement of the program. The State agency with jurisdiction over H-2B employment certifies that all the employer's employees who perform farm labor or any agricultural services in the designated States is an H-2B temporary foreign worker. A local USCIS office may grant a temporary work permit to an employer or agent of the employer or agent with the approval of the director of the State agency responsible for the H-2B program. Agriculture: H-2B Employment Requirements H-2B employment generally requires the employer to submit a Form ETA-1943 with the application for H-2B employment approval. The Form ETA-1943 is also the certificate required to establish nonimmigrant status (H-2B status) for each specific occupation and work site to be covered by the temporary non-agricultural work permit provided in accordance with Section 214(a)(3) of the INA. The form and application include the employment contract. Certification Documents The H-2B employer must certify its compliance by submitting the following forms and certifications (in addition to any other documentation required by law): Employers or agents of the employer should also submit the following documentation with H-2B Permit Applications: Proof of identity and a photo identification of each individual involved in the employment of the temporary foreign worker in compliance with the Federal Records Act. This may include the photo identification of all the individual's employers as well as the employers' names and addresses. Evidence of the non-profit organization (as defined by the federal organization's mission or function) or other agency (for example, government, religious, or educational institution) whose services are specifically provided to the employer during H-2B employment. A statement describing the H-2B program in which the farm employment will be performed and the nature of the services performed. A statement providing notice to the Secretary of the Treasury and U.S. Attorney General in which the employer is the employer or agent of a foreign worker.
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