If the foreign worker is subject to the annual numerical limit, or H-1B cap, then the earliest start date is October 1st of that fiscal year. If the foreign worker is outside the United States then s/he must obtain an H-1B visa before s/he will be admitted to the United States in H-1B status. If… Read More
There an annual numerical limit, or cap, of 65,000 H-1B visas each fiscal year. The first 20,000 H-1B petitions filed on behalf of foreign workers with a U.S. master’s degree or higher are exempt from this numerical cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education (or its… Read More
If a foreign worker own the employer s/he may be able to demonstrate that an employer/employee relationship exists if the control of the foreign worker’s work is exercised by a board of directors, preferred shareholders, investors or others.
Yes. There must be an employer/employee relationship between the U.S. employer and the foreign worker. Generally, the relationship is demonstrated by the fact that the U.S. employer may hire, pay, fire and supervise or otherwise control the foreign worker’s work.
Yes. The foreign worker may possess either a U.S. bachelor’s degree; a foreign bachelor’s degree (that is determined to be the equivalent to a U.S. degree); or demonstrate that s/he has education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation…. Read More
Yes. In essence this means that either: a bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position; the degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least… Read More
Yes. The LCA must be certified by the Department of Labor. After certification, the LCA and is filed along with the H-1B petition with the USCIS.
A LCA is valid for the period of validity requested by the U.S. employer. However, the period of validity cannot exceed 3 years.
The LCA is filed online and is certified within 7 business days of filing.