California Immigration Law Lawyers

H-1B - PROFESSIONAL VISA

            An H-1B, professional, visa may be issued to an alien who is coming temporarily to the United States to perform services in a specialty or professional occupation.  The applicant for an H-1B visa must first receive an offer of employment from a US company.  The company must file the I-129 petition, with H supplement, I-129W, and an approved labor condition application with the Immigration & Naturalization Service office having jurisdiction over the place where the alien will be employed. 

Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to establish the qualifications for obtaining an approval of an H-1B petition or change of status. 

            Note: Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail, return receipt requested, or by some form of express mail for which you can obtain proof of receipt.  This is very important in the event immigration loses your application.  In that event you can submit your proof of receipt, with evidence of payment, and you can establish that you did not violate your status in the United States. 

            Once the petition is approved, the alien will be sent immigration form I-797 changing the person’s status in the United States and extending the authorized stay for three years, or for the time requested on the petition if less than three years.  Each accompanying family member who filed an I-539 application will also be granted the change of status (as an H-4) for the same period as the principal applicant.

            If the alien is outside of the United States, the approved petition (form I-797) will be forwarded to the US consul where the alien will apply for his or her visa.  Form DS-156 must be completed and presented in person at the consulate, together with documentation that will clearly establish eligibility for the visa.  A separate form DS-156 should be completed for each accompanying family member.  The H-1B visa will be issued for a period of three years.  The spouse and children of the principal applicant will receive H-4 visas for the same period of time.  An H-1B or H-4 visa holder, when entering the United States, will be given a period of stay coinciding with the time remaining on the visa. 

            If the alien desires an extension of stay, he or she would file a request for an extension with the Immigration and Naturalization Service, which extension will be granted for three years.  A maximum of six years is permitted on an H-1B visa.  Once an extension is granted, the alien can obtain revalidation of the H visa through the US State Department, rather than having to return to the consul to obtain a new visa.  The dependents of an H alien are not permitted to work in the United States, unless they also qualify and apply for their own H-1B status.

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