The employee must hold a U.S. baccalaureate, or its foreign equivalent, that directly relates to the work for which the employee is being hired. Also, the position must be one that normally requires a four year degree, or greater, in the U.S. Typical "specialty occupations" include, but are not limited to, computer scientists, architects, accountants, engineers, medical and healthcare professionals, and economists.
The employer must provide: a copy of a Labor Condition Application filed with the U.S. Department of Labor; a copy of the prevailing wage determination by a state workforce agency; copies of all school records and transcripts, certifications and diplomas to prove the individual has the required education in the specified specialty occupation; copies of any employment contracts between the employer and prospective employer; letters or affidavits from current or past employers describing the duties to be performed by the H1B worker, and the skills, knowledge, and experience needed for the occupation. If the prospective employee is in the U.S. under another status at the time the H1B petition is filed, the employee will have to provide documentation to demonstrate that they are legally present.
Yes. Spouses and unmarried children 21 years of age are eligible to receive H4 visas. The H4 visa allows spouses and children to accompany the H1B visa holder to live in the U.S as long as the primary H1B visa holder's status is valid.
Yes. The employee does, however, need to find another sponsor who will file a new H1B petition. An H1B employee must find a new employer within thirty days of separating from their current employer, or they risk being deemed out-of-status by Department of Homeland Security. Non-citizens must be very careful never to fall "out-of-status" (not have a legal right to be in the US) as that may preclude any future immigration benefit or work visa.
There are special visas for trainees,models, physicians, and individuals that will be providing services to the U.S. Department of Defense.
The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H1B petitions on April 1, 2020 for fiscal year 2020.
