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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.
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