(Filing Procedures and Documentation Requirements)

What is an H-1?

The H-1 visa essentially is a stamp of approval from the INS authorities in the United States to legally work in the US for a period of not more than 6 years. It is a legal sanction by the US government to allow you to enter the U.S. to work for the employer who has employed your services and filed for the visa for you in a capacity that is managerial, executive, or involves specialized knowledge.

While the terms 'executive' and 'managerial' are more easily understood, the term 'specialized knowledge' is defined to include a person who has special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company. This does not include simply a skilled worker but rather someone who has an advanced level of expertise and proprietary knowledge of the employer organization's product, research, equipment, techniques or other activity not readily available in the U.S. labor market. Characteristics of an employee with specialized knowledge include:

a) Possesses knowledge that is valuable to the employer's competitiveness in the market place;
b) Is uniquely qualified to contribute to the U.S. employer's knowledge of foreign operating conditions;
c) Has been utilized as a key employee abroad and has been given significant assignments which
have enhanced the employer's competitiveness, image, or financial position.

There is a numerical cap on H-1B visas. They have a maximum six year validity period for executives and managers. To qualify as specialized knowledge workers, we still have to show that the worker is within the professions. We should not have a problem demonstrating that then specialized knowledge workers possess valuable proprietary knowledge.

For H-1B visas, Assure’s clients in the USA will file LCAs for its employees which would entail meeting the prevailing wage requirements in order to get a clearance from them to file for applications.

All the above procedures are taken care of by Assure’s clients in the USA. The documentation required from the individual’s side is as per the list attached.

It is very informative and pretty exhaustive. You could also send a mail to murugesh@assureconsulting.com

TIMELINES INVOLVED FOR H-1 APPLICATIONS

Basic Documentation at Assure: 7 days
Preparation of visa application for INS by attorney - 7 days
Educational Evaluation - 15 Days
From the date of issuing of receipt by INS to processing and final verdict of visa - Minimum 60-90 days

Even post filing, INS could send the application back with an enquiry at any stage of the process. Hence, 60 days is just an estimate and not mandatory.

At the time of issuing of the receipt by INS, they give a WAC / EAC / LIN number for every application based on which the status of the same can be tracked on the INS automated phone system.

If the H-1 application comes through, the INS authorities will give us a letter of approval. The applicant needs to personally go to their US Consulate and get the visa stamped on the passport. One point to be highlighted here is that the INS approval is not a sign of confirmation of the visa being obtained. It is a confirmation that all papers are in order and that the applicant may be granted the visa. The final authority for approval will lie with the Consulate where the applicant will go.

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