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H-1B: Person in Specialty Occupation
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
H-4 Visa Spouse & Children
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
TSC Update – 06/03/09
Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled
Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3 will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it will forward he appeal to the AAO.
H-1 Quota Count as of 19 June 2009 (Updated on 24th June)
As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions had been received by USCIS. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.
DOL FAQs on Suspension of H-2A Final Rule
The Suspension will be effective on June 29, 2009. As of that date, the regulations previously in effect as of January 2009, published in the May 29 Federal Register, will be in effect for a period of no more than 9 months. The Department has published concurrently the Adverse Effect Wage Rates and meal charges for 2009, to be used in conjunction with the reinstated regulations.
For the Final Suspension Notice as published in the Federal Register and for FAQs on the Final Suspension Notice, see the attachments.
H-1 Quota Count as of 26 June 2009
As ofJune 26, 2009, approximately 44,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that: