US H1 B ELIGIBILITY CRITERIA DOCUMENTS & NOTES

Check List of Documents needed for H-1B filing/transfer
(Please attach the documents and check the points against them)


1. Copy of passport (including visa stamps, if any)
2. Copy of latest I-94 (arrival/departure records), if any
3. Copy of H-1 approval (in case of H-1B transfer)
4. Copy of L-1 approval (in case of L-1 to H-1 transfer)
5. Copy of I-20 from school issued through the SEVIS system in case of F-1 to H-1 transfer
6. Copy of EAD issued as part of OPT in case of F-1 to H-1 change of status
7. Copy of Social Security Card (if residing in United States on H1/L1/F1 visa)
8. Copy of Drivers license or State ID
9. Copy of academic credential evaluations, if available (in case of H-1B transfer)
10. Copy of all Degree/Diploma certificates and associated transcripts/ mark sheets
11. Copy of Experience or reference letters from current and past employers
12. Copy of last 3 pay stubs
13. Copy of latest W2 (if residing in United States)
14. Copy of H-1/L-1 petition (in case of H-1 transfer/L-1 to H-1 transfer)
15. Resume (should include the details about previous employers and in case of a H-1B transfer should give the employment period based on H-1B employer along with clients worked for) .

Introduction to H1B visas
The United States H1B visa is a non-immigrant visa, which allows a US company to employ a foreign individual for up to six years. As applying for a non-immigrant visa is generally quicker than applying for a 'Green Card', staff required on long-term assignment in the US are often initially brought in using a non-immigrant visa such as the H1B.

Individuals can not apply for an H1B visa to allow them to work in the US. The employer must petition for entry of the employee. H1B visas are subject to annual numerical limits.The H1B visa is designed to be used for staff in "specialty occupations", that is those occupations which require a high degree of specialized knowledge. Generally at least the equivalent of a job-relevant 4-year US Bachelor's degree is required (this requirement can usually be met by having a 3-year degree and 3 years' relevant post-graduate experience). However, professionals such as lawyers, doctors, accountants and others must be licensed to practice in the state of intended employment – e.g. a lawyer must generally have passed the relevant state bar exam.

Non-graduates may be employed on an H1B visa where they can claim to be 'graduate equivalent' by virtue of twelve or more years' experience in the occupation.Positions that are not "speciality occupations", or for which the candidate lacks the qualifications/experience for an H1B visa, may be filled using an H-2B visa. The disadvantage of the H-2B visa is that it requires 'labor certification' - an expensive and time consuming process that involves extensive advertising of the position, and satisfying the authorities that there are no US workers available to do the job. Also, H-2B visas are initially granted only for one year, extendable in one year increments to a maximum of 3 years. As each extension requires a new Labor Certification, it unsurprising that, of the annual quota of 66,000 H-2B visas, only a few thousand are ever issued.

The new H1B legislation requires certain employers, called 'H1B dependent employers' to advertise positions in the USA before petitioning to employ H1B workers for those positions. H1B dependent employers are defined as those having more than 15% of their employees in H1B status (for firms with over 50 employees – small firms are allowed a higher percentage of H1B employees before becoming 'dependent'). In addition all new H1B petitions and 1st extensions of H1B's now require a fee (in addition to the usual filing fees) of US$500 to be paid, which will be used to fund a training programme for resident US workers.

The initial visa may be granted for up to three years. It may then be extended, in the first instance for up to two further years, and eventually for one further year, to a maximum of six years. Those wishing to remain in the US for more than six years may, while still in the US on an H1B visa, apply for permanent residence (the "green card"): if such employees do not gain permanent residence, when the six year period runs out, they must live outside the US for at least one year before an application is made for them to enter on an H or an L visa.
Once a company has brought an employee to the US on an H1B visa, should the company dismiss that employee before the expiry of the visa, the company is liable for any reasonable costs that the employee incurs in moving him/herself, his/her effects, and (where appropriate) his/her dependants, back to his/her last foreign residence. This provision covers only dismissal, it is not relevant when an employee chooses to resign.

H1B Dependent Employers
Before making an H1B application, an H1B dependent employer must make "good faith" attempts to recruit resident US workers using "procedures that meet industry-wide standards" and "offering compensation at least as great as that offered to the H1B alien". Given the wide variety of recruitment methods used in different industries, this provision is likely to cause some confusion both for the BCIS and employers. For example, Internet advertising might be in "good faith" and "meet industry-wide standards" for the IT sector, but would it for, say, the engineering industry? This is a matter that will demand careful consideration on the part of H1B dependent employers.

It is worth noting, however, that the recruitment attestation described above is not required by H1B dependent employers seeking to employ aliens with Master's (or higher) Degrees, or those earning in excess of US$60,000. Non H1B dependent employers are not required to make such an attestation in any event.

Can my company make H1B visa applications?
Any US employer can sponsor an H1B petition, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H1B petition itself. However, employers should take note that sponsoring an H1B petition involves them making a number of undertakings, enforceable by heavy civil and criminal penalties: These undertakings are:-

To pay the H1B worker at least the higher of the wage paid to similar workers in the same company or the "prevailing wage" (usually determined by the relevant State Employment Services Agency) for the occupation in the area the worker will be employed; That the recruitment of the H1B worker(s) will not adversely affect the conditions of the employer's US-resident employees in similar jobs;

That there is no strike or lockout occurring at the time the Labor Condition Application is submitted, and that the approved LCA will not be used to support petitions for H1B aliens to be employed at the site of any subsequent strike or lockout; That a copy of the LCA form will be given to the H1B worker and either given to the bargaining representative of employees in similar occupations or (if there is no bargaining representative) posted in 2 conspicuous locations for at least 10 days in the place the H1B alien will be working;

To maintain records of the LCA and the H1B alien's employment for inspection by the US Department of Labor.
Note that the prevailing wage is generally lower for non-profit and academic/research organizations.

H-1b visa application process flowchart
You complete our on-line appraisal formworkpermit.com considers the application. If your company, the position and the candidate are eligible for an H1B visa, workpermit.com e-mail to you: A formal instruction form to return Details of any additional data required, and confirmation of which documents we needYou post documents to workpermit.com at 11 Bolt Court, London EC4A 3DQworkpermit.com files a Prevailing Wage request with the relevant State Employment Security Agency. Determination generally takes between three and ten working days.workpermit.com prepares a Labor Condition Application form and instructions, and the I-129H petition forms.

You sign and return to us the LCA and I-129 H formWe submit the LCA to the US DoL, and once the LCA is certified, workpermit.com compiles and submits your I-129H petition to the Immigration & Naturalization Service at the appropriate Regional Service Center

After 2 to 6 months the petition is approved, and the Notice of Approval is returned to you, these are then taken to the relevant US consulate by the candidate for issue of the H1B visa. workpermit.com will provide full instructions and forms, and in some instances can arrange for visa issuance.