H-1B is a temporary working visa.  It has two basic requirements: 1) an employer’s sponsorship; 2) the petitioning position must be a specialty occupation which requires at least a bachelor's degree in a specific field.

Prevailing Wage:

An H-1B employer is required to pay an H-1B employee at least at a rate of prevailing wage.  If a same or similar position’s wage is actually higher than an H-1B position's prevailing wage, an employer must pay higher wage.

H-1B Transfer and Extension:

H-1B can be transferred at any time without numeric limitation until a six-year H-1B period has been used up.  

After a six-year period, an H-1B holder has to spend a year outside of the U.S. before he or she qualifies for another H-1B period.  However, under the following two circumstances, he or she may extend his or her H-1B beyond the period of six years: 1) 365 days have passed since filing his or her labor certification or I-140 immigration petition, whichever is earlier; 2)  His or her I-140 has been approved and the immigrant visa numbers are unavailable.

H-1B Cap Exempt:

Certain H-1B employees are exempt from H-1B  numeric limitation, including the following organizations:

1.       Institutions of higher education (such as public and non-profit universities or colleges);

2.      Nonprofit organizations which is related or affiliated to institutions of higher education or where the employees work at institutions of higher education;

3.      Nonprofit or governmental research organizations.

H-1B Amendment:

An amended H-1B petition must be filed based on the following material changes:

1.       change of area of intended employment listed on the LCA;

2.      change of job duties;

3.      change in hours of employment such as full-time to part-time.




Yang & Associates, LLP has offices in Silicon Valley area, California and Downtown Chicago, Illinois. It specializes in immigration law and provides comprehensive immigration legal services to individuals, businesses, and universities. It is dedicated to providing the highest quality services with a competitive fee schedule. Its attorneys have handled hundreds of EB-1A, EB-1B, NIW, PERM, H-1B, L-1, O-1, EB-5, I-485, I-130, J-1 waiver and other types of immigration cases. If you have any questions or need a free case evaluation, please contact our attorneys at: info@eLawToday.com.

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