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Visa requirements if working as a professional in the US

Law-Now
26.10.2005

Which visa is required?
The H-1B visa was created to enable US employers to hire qualified foreign personnel to fill temporary professional positions in the US.

What are the rules?

  • The US employer must file a petition on behalf of the prospective foreign employee with the United States Citizenship and Immigration Services (formerly known as the Immigration and Naturalization Service) in the US. The employee may not commence employment until the petition has been approved and a visa has been issued.
  • A Labor Condition Application requiring employer statements and documentation concerning wages and working conditions must be filed with the US Department of Labor prior to filing the H-1B petition with the US Bureau of Citizenship and Immigration Services to ensure that the H-1B visa holder will not be paid less than his or her US counterparts.
  • The H-1B visa category is numerically restricted. For fiscal year 2006, which ends on September 30, 2006, 65,000 visas will be made available.
  • The H-1B visa may be obtained for an initial period of three years with a maximum stay of six years.
Take a look at our Immigration zone for more on UK and US immigration
For further information, please contact:
Sarah Keeley Sarah Keeley
London
+44 (0) 20 7367 2917

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