H-1B Temporary Worker Visa

The H-1B visa is used to employ foreign nationals who qualify as individuals engaged in "specialty occupations" or "professions" as defined by immigration regulations. Although the position being filled may be of a permanent nature, federal regulations state that H-1B workers must be in the position on a temporary basis.

The H-1B temporary worker may only be employed by the organization which filed the petition. H-1B approval is granted for a specific position and the employer must meet prevailing wage guidelines as established either by a union contract or determined by the State Department of Labor. Employment authorization is granted by the USCIS for a maximum of six years, usually in 3-year increments. Employment may not begin until approval has been obtained.

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