Working visa allows foreign workers to enter the United States and work temporarily for a specific period of time. H-1B applicant should be a bachelor’s degree holder who wishes to perform specialty occupation. A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent (e.g., architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts). This petition can be filed no more than six months in advance of the requested start date.

H-2B visa is issued to foreign workers coming to the US to perform temporary non-agricultural work which may be one time, seasonal, peak load or intermittent. The employer must prove that there are no US workers available for the job (opening) being offered to the foreign worker by submitting a proposed advertisement for the job being offered.

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Requirements:

1. Employer
2. Basic filing fee of USD 320.00
3. Filing fee of USD 1,000.00
4. American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee of USD750.00 for employers with 1 to 25 full time equivalent employees unless exempt and USD1,500.00 for employers with 26 or more full time equivalent employees unless exempt

Procedure:

1. Employer submits Labor Certification Application (LCA) to Department of Labor (DOL)
2. Employer submits completed and signed I-129 application to USCIS Service Center depending on the jurisdiction
3. Once the I-129 has been approved, the prospective worker sets his interview appointment with the US Embassy. Physical examination is not required for non-immigrant visa applicants.

Processing Time:
Four (4) months is the maximum processing time for H-1B non-immigrant visa application.