• You must hold a bachelor's degree (or equivalent) in the specialty occupation for which the H-1B visa is sought.

• The job you are applying for must be a "specialty occupation," which requires theoretical and practical application of a body of specialized knowledge.

• You must have a job offer from a U.S. employer willing to sponsor your visa petition.

• The employer must demonstrate that they have made a good faith effort to recruit U.S. workers for the position and that hiring a foreign worker will not adversely affect U.S. workers' wages and working conditions.

Yes, the employer must pay you the prevailing wage for the position in the geographic area where you will be working. This wage must be at least the actual wage paid to similarly qualified workers in the company.

• The U.S. employer sponsoring you will file a petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS).

• The petition will include documentation of your qualifications, the job offer, and the labor condition application (LCA) attesting to the wage and working conditions.

• There is an annual cap on the number of H-1B visas issued (with exemptions for certain employers). Selected applicants are chosen by a lottery system.

The processing times can vary depending on USCIS workload and case complexity. It typically takes several months to receive a decision on the petition.

Occupations in fields like engineering, computer science, mathematics, architecture, research, medicine, and education (for individuals with specialized knowledge) frequently qualify for H-1B visas.

• The visa is tied to your employer. If you lose your job, you have a limited grace period to find a new H-1B sponsor or change your visa status.

• The application process can be complex and expensive.

• There is an annual quota on the number of H-1B visas issued, making it competitive to obtain one.

• The employer must comply with labor certification requirements, including paying the prevailing wage and documenting recruitment efforts.

• There are fees associated with filing the H-1B petition.

• The employer-employee relationship is strict. The H-1B worker cannot work for any other employer without a new visa petition.

• Yes, under specific circumstances. They cannot work for their own business, even unpaid.

• Ownership of LLCs is possible, but only as a passive investor with no active role.

This grace period allows them to find a new H-1B sponsor, apply for a dependent visa, or a different visa type.

• Yes, H-1B employees have the same working protections as US workers under the Family Medical Leave Act.

• Employers must comply with these regulations and maintain employer-employee relationship during leave.

Generally, they can work for 240 days if certain conditions are met. It's advisable to consult an attorney.

• Amendments are required when there is a "material change" to the H-1B worker's conditions (work location, pay, job duties etc.).

• File an amended H-1B petition before the change occurs.

• File Form I-129, Petition for a Nonimmigrant Worker.

• Meet all requirements including wage and worksite information, employer-employee relationship, fair minimum wage, and worksite postings.

• File an LCA with the Department of Labor (DOL) attesting to the pay rate and job details for the H-1B worker.

• Post LCA Notices of Filing (NOF) for ten days at the worksite(s).

• There are specific posting requirements for third-party worksites.