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 Oakland-based law firm to learn more about your options.