Green Cards (Common)
National Interest Waivers
Professors & Researchers
Executives & Managers
PERM Labor Certification
Investors (EB-5 visas)
Family (Spouse, etc.)
Work Visas (Common)
O-1 Extraordinary Ability
TN Canadians & Mexicans
J-1 Visa Holders
Nurses & Physical Therapists
Questions that Employers Frequently Ask about H-1B Visas
To qualify for H-1B, the position must involve
applying highly specialized knowledge, such that a bachelor's or higher
degree in a particular specialty is a minimum requirement for entry into the
An employer has the following obligations when hiring an H-1B worker.
An H-1B employee took advantage of the portability provisions to switch to our company from another company. How do I fulfill the I-9 verification requirement?
There is no specific place on the I-9 form to document this situation, and no regulations have addressed this issue. However, this circumstance is similar to the 240-day grace period, authorizing employment with the same employer for up to 240 days after an extension petition is filed. In both circumstances, the employment is authorized. The employer should provide information in the I-9 form to demonstrate that an H-1B petition was filed to change employers, and the I-9 form should be updated with the approval information once received.
What is required to continue the H-1B employment for my company in corporate restructuring situations?
An amended H-1B petition is generally not required where a new
corporate entity succeeds to the interests and obligations of the
original employer, and where the terms and conditions of employment
remain the same. Companies are required to file a sworn statement
in the H-1B files regarding the change in corporate structure.