Apply for temporary work (long-term stay activities) visa

H- 1b is a short-term work visa, which is issued to foreigners who come to the United States to do various professional jobs for American employers approved by the Immigration Bureau. The positions provided by American employers must be "special professional positions" recognized by American law, such as computer programmers, engineers, lawyers, accountants, architects, physiotherapists, pharmacists, medical technicians, professors, teachers, doctors, librarians, management consultants, hotel managers, models, economists, agronomists, biologists, chemists, geologists, horticulturists, nutritionists and so on.

2. Qualifications

Applicants must be foreigners with "special talents" or "professional knowledge":

In America, employers must hire them, and employers must find them themselves;

The positions hired are special majors (special majors refer to jobs that can only be done by people with college education, such as marketers, accountants, engineers and researchers).

The company must be able to pay the market price and prove its ability to hire people.

Must have a college degree.

3. Visa characteristics

The visa is three years, and the time is long, not multiple round trips, but twice every three months. If it is more than three months, it needs to be re-signed. You can apply for a visa to return in the United States, provided that the last visa expires less than 1 year. H- 1 You can't get a visa in a third country.

H- 1 After the visa expires, it can be extended for 3 years, totaling 6 years. But after the expiration of six years, if you leave the United States and haven't been to the United States for one day in 1 year, you can apply for another six-year H status. In addition, if you applied for immigration in the first five years of H status, you can stay in the United States and wait for a green card. H status is extended every year until the green card application has a result.

H- 1' s spouse can't find a job legally outside the home.

H- 1 To apply for labor migration, employers can apply immediately if they want to emigrate. Apply for EB-2 visa for master's degree or above, EB-3 visa for undergraduate course and FB visa for relatives.

H- 1 visa can be processed quickly, and it will be completed in 5 days if you pay the government more 1000 dollars 15 days, and it will take 6-7 months if it is slow.

4. Ministry of Labor/Application for Working Conditions (DOL/ Application for Working Conditions)

Before American employers apply to the immigration office. You must first apply to the Ministry of Labor for an "Application Form for Working Conditions" (ETA-9035). After being endorsed by the Labor Department, American employers can apply to the Immigration Bureau for employment of foreign employees with the I- 129 form.

5. Immigration petition (INS/ petition)

American employers fill in the application form for non-immigrant employees (form I 129, petition for non-immigrant workers) and supplementary form H, and apply to the Immigration Bureau for "employing non-immigrant employees".

Materials required for immigration application:

Form:

I- 129 application fee and schedule I- 129H, I- 129w.

Corresponding documents:

Approval of the Ministry of Labor/Application Form for Working Conditions (ETA-9035 Form, Application for Working Conditions)

Applicants need to provide materials:

Personal Resume (CV)

Academic certificate, university degree certificate, graduation certificate.

Note: If the applicant is educated outside the United States, usually the Immigration Bureau may require his/her academic credentials and working documents, which need to be evaluated by an American evaluation agency or an American university.

American employer

Company profile: industries employed by American employers, date of establishment, number of employees, federal tax return number, total business volume in the past year, etc.

Proof of labor payment ability: prove that the employer has the ability to pay wages, such as tax returns, bank statements, financial accounting statements, etc.

6. Apply for a visa.

7. Dependent visa

The accompanying spouse or unmarried children under the age of 2/kloc-0 can apply for an H-4 visa, and the spouse cannot work in the United States. But women can study in American public schools.

8. Visa expiration date.

Usually, the one-time entry visa is valid for 3 months, and you can enter the United States once in these 3 months.

9. Initial stay time of entry.

For people with H- 1b visa, when they first enter China, the immigration officer will usually give you a three-year stay.

10. Application for extension

Holders of H- 1b can apply for an extension of residence for 3 years and stay in the United States for a maximum of 6 years. After the expiration, the holder must return to China for one year before applying for a similar (H) visa to the United States again. The extension of H- 1b should be at least 45 days before the expiration of the stay in the United States. The American employer should fill in the application form for non-immigrant employees (I- 129) and the supplementary form of H, attach the original approval form of the Visa and Immigration Bureau (I-797), the original entry card of I-94, the letter from the employer explaining the reasons for the extension and relevant supporting documents, and send them to the nearest place. I-539 extension application form should fill in the family H-4 visa extension. If I- 129 or I-539 is extended, there will be a newly issued stay period on its I-797 form and I-94 card, and the applicant can apply for visa extension with the approved I-797 form to the visa office in the State Council or the overseas American consulate.

1 1, H- 1b change American employer (currently H- 1b changes American employee).

You can't change employers immediately after entering the country. You must work for an American employer company sponsored by the applicant. If the applicant wants to change a new job during his stay in the United States, his new employer must submit a new H- 1 application to the Immigration Bureau, including re-reporting the "Application Form for Labor Situation" to the Ministry of Labor, and obtain the approval of the Immigration Bureau to maintain the applicant's legal status in the United States.

12 and H- 1b were changed to green cards in the United States (H- 1b became permanent residents in the United States).

Applicant H- 1b's non-immigrant status is temporary in the United States. If he wants to change to professional immigration status, the employer must first apply to the Ministry of Labor for a permanent work permit "Eta-750 Employment Certificate for Foreigners". Only after obtaining a permanent work permit can an employer apply to the Immigration Bureau for "professional immigration" (I- 140 Migrant Foreign Workers). After the professional immigration application is passed, the applicant can apply for status adjustment (I485 application for permanent residence registration or status adjustment).

13. Change the non-immigrant status to American H- 1b in the United States.

If the holder legally enters the United States with other types of non-immigrant visas, he/she needs to change to H- 1b visa status. The first requirement for an applicant is that he has no illegal work record in the United States and is employed by an American employer before the expiration of the I-94 entry and exit record card. Applicants' applications for change of identity and non-immigrant employees' applications should be submitted to the Immigration Bureau by American employers.

Documents required for application:

Application fee for conversion: $ 120.

I- 129 application form, I- 129H, I- 129w.

I- 129 form application fee

Valid entry-exit record card: copy of I-94 card

Application Form for Working Conditions (ETA-9035, Application Form for Working Conditions)

Relevant supporting documents and corresponding materials