Labor condition application how long

A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty e. Current laws limit the annual number of qualifying foreign workers who may be issued a visa or otherwise be provided H-1B status to 65, with an additional 20, under the H-1B advanced degree exemption.

Current laws limit the annual number of qualifying foreign workers who may be issued an H-1B1 visa to 6, with 1, from Chile and 5, from Singapore. The E-3 Australia program allows employers to temporarily employ foreign workers from Australia in the U. Current laws limit the annual number of qualifying foreign workers who may be issued an E-3 visa to 10, Australian nationals seeking temporary work in specialty occupations.

The required wage rate must be the higher of the actual wage rate the rate the employer pays to all other individuals with similar experience and qualifications who are performing the same job , or the prevailing wage a wage that is predominantly paid to workers in the same occupational classification in the area of intended employment at the time the application is filed.

The employer further attests that H-1B nonimmigrants will be offered benefits or eligibility for benefits on the same basis, and in accordance with the same criteria, as offered to U.

The employer further attests that H-1B nonimmigrants will be afforded working conditions on the same basis, and in accordance with the same criteria, as offered to similarly employed U. Notice of the application shall be provided to workers through the bargaining representative, or where there is no such bargaining representative, notice of the filing shall be provided either through physical posting in conspicuous locations where H-1B nonimmigrants will be employed, or through electronic notification to employees in the occupational classification for which H-1B nonimmigrants are sought.

Many candidates prefer to wait until the H-1B transfer has been filed about 2 weeks after initiation to give notice. What are the requirements for working on the basis of filing, rather than approval of the H petition? The three basic requirements are: 1 the individual has not been employed without authorization this could mean even one day of unauthorized employment ; 2 the individual has been issued H-1B status previously; and 3 the individual has been lawfully admitted to the United States.

A: In the unforeseen event that the government denies the H-1B petition, work authorization for the individual immediately ceases as of the date of the USCIS denial decision. The individual may then be required to leave the country to avoid being considered unlawfully present in the United States and to avoid jeopardizing a future ability to immigrate.

As long as the employer terminates employment immediately upon the H-1B petition denial, there is no liability to the employer. If you would like a preliminary opinion, the recruiter or HR may contact WSM before the offer is made, and we can evaluate 1 is the position a clear-cut specialty occupation for H purposes, or instead one in which the USCIS routinely issues Requests for Evidence e.

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