H-1B visa is for those who are required to have Bachelor's degree or equivalent and go to the United States to perform services of a specialty occupation for an employer.

INFORMATION ABOUT THE H-1B VISA

The H-1B visa allows workers with specialty occupations; normally they are required to have the college degree, then they can work in the US for six years. One of the things that makes this visa so desirable is that, unlike many other non-immigrant visa categories, it is a "dual intent" visa. Therefore, there is annual limit of 65,000 visas under the immigration Act of 1998.

STEPS TO OBTAIN THE H-1B VISA

• In the H-1B visa application, the US employer is called as the petitioner and the foreign worker is called as the beneficiary. After an offer of employment is made, the petition process begins. The first step is for the petitioner to ensure that at least 95% of the prevailing wage is paid to similarly employed workers in the geographic area where the beneficiary is employed.
• And then, a Form ETA 9035 Labor Condition Application (LCA) must be submitted to the US Department of Labor. In this form, the employer must submit the wage to be paid, and the prevailing wage must have certain attestations.
• When the LCA form is returned to the petitioner, it is submitted to the USCIS as part of the H-1B petition package. Other USCIS petition information includes documentation of the beneficiary's qualifications, the kind of business of the petitioner, and the type of work that the beneficiary is going to perform.