PURPOSE
This visa is intended for workers in specialty occupations who enter the U.S. for temporary employment.

REQUIREMENTS
The specialty occupation professional position must require at least a Bachelor's degree or degree equivalent in a field of study substantially related to the position offered. The foreign national must hold the degree or degree equivalent required for the position. A Certified Labor Condition Application (LCA) must be submitted with the petition to USCIS.

See LCA section for further information.

DURATION
Beneficiary may remain in the U.S. up to a total of 6 years in H-1 status. Petitions may only be filed in increments up to 3 years. Previous L-1 status count towards the six-year total. This is a cumulative period of time, regardless of the number of H1B employers for which an individual works over the 6 year period.

Extension of H-1 status beyond the six-year limit
According to the American Competitiveness in the Twenty-First Century Act, (AC21), certain foreign nationals who have already begun the Permanent Residency process may be eligible to extend H-1B status beyond the six-year-limit. Extensions are issued in one-year increments. In order to apply for this extension, the following criteria must be met:

A. PERM filed by sponsoring employer more than 365 days prior to the 6 year expiration (DOJ Authorization Bill Provisions)

B. I-140 pending or Adjustment of Status (AOS) petition pending (AC21 provisions)

1. If PERM required for position:
The PERM must have been filed and approved more than 365 days prior to the 6 year expiration, and the I-140 must be in process with USCIS.

2. If a PERM was not required: The I-140 must have been filed more than 365 days prior to the 6 year expiration and must be pending at USCIS.

C. I-140 approved
An I-140 immigrant petition for the foreign national has been approved but the foreign national has not yet been able to apply for adjustment of status to permanent resident due to retrogression of visa numbers for the employment-based (EB) category of the position.

REMUNERATION
Must receive same compensation and benefits as U.S. worker in same position in same geographic area and as noted on the LCA submitted with the H1B petition.

AMENDED H1B PETITIONS - CHANGES IN POSITION AND GEOGRAPHIC LOCATION
Any "material" changes in an individuals position while in H1B status will require preparation and filing of an amended H1B petition with USCIS. Material changes may include changes in worksite loction, job title and job description. We encourage you to contact us if you are contemplating a job change so we may assess whether an amended H1B is required prior to making the job change. Amended H1B petitions should be filed with USCIS prior to the occurance of the job change. Once the petition is filed with USCIS, the individual may change jobs prior to receipt of USCIS approval.

PORTABILITY
According to AC21, foreign nationals currently on an H-1B visa who apply for extensions of status in order to change employers may begin working for the new employer while the petition is pending at USCIS. While the law says that work may begin as soon as the petition has been filed and some firms use express mail records for documentation, we recommend that companies wait until a receipt has been received from USCIS (usually 2-3 weeks) confirming that they have the petition before allowing foreign nationals to begin work. This receipt can be used as documentation of work authorization for I-9 purposes.

Caution: This act is only applicable while the petition is pending. If the petition is subsequently denied, the foreign national must halt work immediately. If the situation cannot be resolved and an approval is not granted, the foreign national may return to his previous position if the approval notice for that petition has not been withdrawn by previous employer.

DUAL INTENT
H1B status does carry dual intent, meaning that an individual may be working in the US or entering the US in H1B "temporary" status and still have the intent to immigrate "permanently" to the U.S. As such, foreign nationals and their dependents in H status may apply for permanent residency without jeopardizing their non-immigrant status.

RETURN TRANSPORTATION FOR TERMINATION OF EMPLOYMENT
If the foreign national entered the U.S. in H-1 status and employment is terminated prior to the end date on the approved H1B petition, the employer must pay reasonable cost of return transportation abroad for the foreign national should he or she choose to depart the U.S. This requirement does not extend to dependent family members.

DEPENDENTS
Dependents in H-4 status may not work in the U.S.

FORMS AND LETTERS
The following forms and letters will be sent to a designated representative of your company for signature before the petition is filed.

Employee (Beneficiary)	Dependents (Employee's spouse and/or children; not need if dependents are currently outside the U.S.)
Form I-129W (2 originals)	Form I-539 (+ supplement, if more than one dependent applying)
Form G-28 (2 originals)
Form I-129 (2 originals)
Form I-129 H Supplement (2 originals; this form has TWO signature lines).
I-129 Addendum (If previous H or L status or if I-140 filed by your company for employee) (does not need signature)
Support letter on petitioner's letterhead
Certified LCA (if single LCA. If blanket LCA is being used, signature is already on document)