Detailed Write Up on H-1B Visa for Physical Therapist

Temporary Visas > H-1b Visa > Write Up on H-1B visa

The H-1B visa is a temporary work permit granted to foreign workers for a maximum period of six (6) years with the option to be extended indefinitely if a Labor Certification Application (Green Card application) has been filed on behalf of the foreign worker before the expiry of the fifth (5) year of the H-1B visa. The Employer must apply to the USCIS for the foreign worker's H1B visa.
The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations. A “specialty occupation” includes, but is not limited to accounting, arts, architecture, biotechnology, business specialties, education, engineering, law, mathematics, medicine and health, physical sciences, social sciences, and theology. The number of new H-1Bs issued each year in the U.S. is subject to annual congressionally mandated Quota, which is currently 65,000 H-1B visas per year. All H-1B visa holders are allowed to bring their immediate family members (spouse and children under 21) into the U.S. under the H4 visa dependent category.

Minimum Requirements for an H-1B Visa

The minimum requirements for an H-1B visa are that the position must be one that would normally require a Bachelors Degree as a minimum entry-level requirement. In the US a Bachelors Degree requires four years of full time study, however people with less than four years of college education can also qualify, provided they have sufficient work experience. USCIS normally considers 3 (three) years of experience as equivalent to 1 (one) year of undergraduate study. If the H-1B Visa is for an occupation that requires a full state licensure, the foreign worker will need to meet this requirement in addition to the Bachelors Degree requirement.

H-1B Visa Application Process

The application process for an H-1B visa involves a two-step process. First a Labor Condition Application (LCA) has to be certified by the Department of Labor. Every H-1B petition filed with the USCIS includes a Labor Condition of Employment. This is to protect and ensure the wages offered to the non-immigrant worker is equal to the wages, which would be offered to a US worker. Once the LCA has been certified, it is included with the H1B application and sent to the USCIS, either at the California Service Center or at the Vermont Service Center. The two USCIS Service Centers at California and Vermont have jurisdiction over different states in the US. On an average the processing time is about two (2) to three (3) months. USCIS will adjudicate the H-1B application within 14 (fourteen) calendar days for an additional USCIS filing fee of $1,000 (Premium Processing).

After the H1B application is approved, the H1B Approval together with a copy of the H1B petition is sent to the foreign worker. The foreign worker needs to go for an interview to the US consulate, which has jurisdiction over the foreign worker's residence. The foreign worker is required to have the following documents with him for the interview:

1. The foreign worker must have an original passport, which should be valid for minimum of six months beyond the date of the interview.

2. The foreign worker needs to submit fully completed and signed Visa Application Form - DS-156 and DS 157.

3. Two recent (within the past six months) passport size photograph, 50mm X 50mm with a white or off-white background.

4. Original Approval Notice of the H-1B petition.

5. A copy of the H-1B petition with all documents as submitted to USCIS.

6. Original letter from Employer offering the job, the job designation, salary etc. should correspond to the particulars set out in the H-1B petition.

7. Original degree or diploma certificate of the foreign worker together with transcripts. Diplomas or degrees for special courses together with transcripts to be submitted if relevant to the job being offered.

8. Original reference letters from previous Employers of foreign worker

9. A letter from the foreign worker’s current employer stating how long the foreign worker has worked for the said employer. If this is not available, the foreign worker should take the appointment letter from current employer and most recent pay slips.

10. Pay slips from current or most recent place of employment of foreign worker.

11. Names and current phone numbers of the personnel managers at the foreign worker’s present and past jobs.

12. Photographs of the inside and outside of current or most recent foreign worker employer's place of business.

13. Names and contact information of two co-workers of foreign worker from his/ her current or most recent place of employment.

14. Names and contact information of two co-workers of foreign worker from past jobs.

15. Foreign worker’s complete resume/bio-data and cover letter describing current job duties in detail.

16. Foreign worker’s personal bank records for the last six months.

17. US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report.

18. Documents such as phone bill, rent receipts, etc. evidencing that the foreign worker has been resident of the place, for some length of time, where visa is being submitted to establish jurisdiction of U.S. Embassy or Consulate over the case.

19. Documents establishing the foreign worker’s sound financial position to maintain himself/herself if he/she has to leave the U.S. Such documents can be property title, bank statements etc.

The foreign worker (Beneficiary) should be thoroughly conversant with the H-IB petition and Employer’s letter of job offer in order that the Beneficiary has a through knowledge at the time of the interview regarding the following:

1. Name of the Employer

2. Job site

3. Designation

4. Job duties

5. Relevant Past Job Experience

6. Salary

The H-IB visa is a temporary visa, which allows the foreign worker to work in the United States for a specified length of time.
The foreign worker should take the originals of all the supporting documents that had been filed with the H1B petition and two copies.

H-4 Visa

All applicants including children applying for H4 temporary worker dependent visas must present the following documents:

1. A passport valid for travel to the US for at least six months after the applicant’s date of entry into the US.

2. A completed visa application form DS-156. Every applicant must also complete the form DS-157.

3. H-1B holder’s Approval Notice Form I-797.

4. Original marriage certificate for spouse and birth certificate for the child.

5. Marriage ceremony photographs (do not take entire photo albums) and invitation cards for wedding, if available.

6. Clear copies of H-1B visa holders passport all pages

If the H-1B visa holder is already in the US:

1. Letter from the H-1B visa holder’s employer confirming continued employment.

2. Federal US Tax Returns and Forms W2 for each year the H-1B visa holder has worked in the United States.

3. H-1B visa holders most recent 4/5 pay slips from the United States employer.
    

Arrival in the US

A few hours before any international flight lands at an US airport, the cabin crew distributes Forms I-94 to all non-US citizens and non Green Card holders. The foreign worker should fill out the Form I-94 and hand it over to the Department of Homeland Security (DHS) agent at the US port of entry. Form I-94 is a very important document as it determines the length of stay of the foreign worker in the US. The H-1B visa stamp in the passport is solely used to enter the US at the port of entry, once in the US; it is the Form I-94, which determines the legal status and length of stay in the US.

The DHS agent at the airport will stamp the date of entry into the US and will enter the date up to which the foreign worker can stay in the US (expiry date). This should correspond with the end date of employment in the H-1B Approval Notice as also the

H-1B visa, which is stamped in the passport. The foreign worker should carefully check that the DHS Agent has entered the correct expiry date in the Form I-94, if the date is incorrect, it should be brought to the notice of the DHS agent immediately and the foreign worker should show the DHS agent his Approval Notice and/or the H-1B visa in his/her passport and request the DHS agent to amend the expiry date in Form I-94 to correspond with the date mentioned in the Approval Notice and/or the H-1B visa.