Understanding H-1B1 Visas
The H-1B1 is a temporary work visa available to citizens of Chile and Singapore.
Requirements for the H-1B1 Visa
Employers wishing to file an H-1B1 petition for a foreign employee must follow government regulations. The first step in the H-1B1 process is for the employer to create a “Public Access File” and to file an electronic Labor Condition Application (“LCA”) with the Department of Labor. This process includes an employer attestation confirming that it will pay the H-1B1 worker a specific prevailing wage that is usually determined by the Department of Labor’s internal guidelines.
Once the Department of Labor certifies the LCA, the employee can then schedule an H-1B1 visa application interview at a US Consulate abroad. At the interview, the employee needs to bring supporting documentation to establish eligibility. For example, the foreign worker must prove that she or he possesses advanced skills in a specific area. The foreign employee usually must hold a four-year U.S. bachelor’s degree or the equivalent.
Spouses and Children of H-1B1 Visa Holders
Spouses and unmarried children under 21 of H-1B1 visa holders may be eligible for H-4 visas. The H-4 visa does not provide employment authorization, with limited exceptions.
Connecting Your Business With International Talent
At Becker & Lee LLP, employment-based immigration is one of our primary practice areas. Our experienced attorneys have worked with a range of talented individuals, employers and human resources professionals to obtain H-1B1, and other temporary work visas for their employees. Past clients include California universities, Silicon Valley tech companies, and a range of additional startups and businesses.
Our H-1B1 visa lawyers offer comprehensive representation to help ensure legal compliance and help increase chances of success in the visa application process. Contact our San Francisco law firm to learn more about your options.