An H-1B visa is a non-immigrant visa that is available to persons in certain “specialty occupations,” which are occupations requiring theoretical and practical application of highly specialized knowledge. Such occupations include engineering, computer science, business, architecture, and various other employment areas. An H-1B visa usually requires a bachelor’s degree or its equivalent.
In order to obtain an H-1B visa, a person needs to have a job offer from a company in the United States. Prior to filing the petition for the visa, the employer must file a Labor Condition Application (LCA) with the Department of Labor. In the LCA, the employer attests that it will maintain certain standards in terms of wages and working conditions. Following the approval of the LCA, the employer files the form I-129, Petition for a Nonimmigrant Worker.
If you are an employer or employee looking to make use of an H-1B visa, please contact John L. Wheaton, Attorney at Law at (206) 829-8214.