Below is a list of Frequently Asked Questions regarding the H-1B- Nonimmigrant Process. Please click on any of the questions below to jump directly to the answer you are seeking.
What is an H-1B visa?
For how long can I remain in the U.S. in H-1B status?
Who should I contact when I'm interested in a position?
What steps must be taken to start the process?
What does the process entail?
How long will the process take?
What documentation is needed for sponsorship?
What is the Visa Screen Certificate?
Can you list some links for further interest/information?
What is an H-1B visa?
The H nonimmigrant visa category is available to U.S. employers who wish to employ foreign nationals temporary in the United States in “specialty occupations”. H-1B visas are the most frequently utilized nonimmigrant visa for professionals entering the U.S. to work for a temporary period. In order to petition for an individual using this visa category, you must establish that the individual has at least a bachelor’s degree (or its equivalency). The U.S. Citizenship & Immigration Service ("USCIS") defines “professional occupation” as an occupation which requires the attainment of a baccalaureate or higher degree, or its equivalent, in a specialized field of study as the minimum requirement for entry into the occupation in the United States.
For how long can I remain in the U.S. in H-1B status?
An individual can be in H-1B status for a total maximum of 6 years (the H-1B petition can be approved initially for a period of 3 years and extended for an additional 3 years). The six-year period applies to the overall period of the stay in the H-1B status. Once the six year period is reached, an extension of stay is only permitted in increments of one year periods if the labor certification process has been pending for more than 365 days. Thus, an immigrant visa must be filed in advance for the individual, or the worker must leave the U.S. for a one year period to be able to re-enter the United States in H-1B status.
Who should I contact when I'm interested in a position?
Please complete our info request form, or apply online.
What steps must be taken to start the process?
You must completely fill out the initial questionnaire and send it to us for review and consideration. Once we have determined your qualifications we will have a Recruiter contact you directly to commence the visa process, or alternatively assist you in getting the necessary information to become a qualified candidate.
What does the process entail?
The H-1B visa process requires Genesis to submit a petition on your behalf to the USCIS. This petition will be adjudicated by an immigration officer at one of the Regional Service Centers of the USCIS and it will serve as the basis for which you will then apply for your visa at the Embassy or Consulate abroad. The I-797, Notice of Action, evidencing your approval will be sent directly to Genesis from the USCIS. Genesis will then forward the original I-797, Notice of Action, to you along with the other documents that you will require for visa processing.
How long will the process take?
The process will vary with respect to processing time at the USCIS. However, upon filing, Genesis will provide you with your Case Receipt Number and you will be able to monitor the progress of your case on-line. Generally, once the visa petition is filed with the USCIS it will take approximately 4-6 months to process. Based on the processing times and visa availability it is therefore imperative that information is provided to us on a timely basis.
What documentation is needed for sponsorship?
Genesis requires that all new applicants sign a three (3) year contract for services in exchange for visa sponsorship. Once you have been identified as a potential hire and an offer has been made, Genesis will send you this contract along with a questionnaire for you to complete and return to us for H-1B visa processing. This questionnaire must be returned to us along with copies of your passport, state license, visa screen certificate, and any information on your dependants.
Below is a list of information/documentation generally required for visa processing:
- Copies of the prospective employee’s passport including personal biographical information, copies of all U.S. visas, and front and back copies of I-94 card (if in U.S.);
- Copies of diplomas, degrees and transcripts;
- Copy of C.V. or resume;
- Copies of all previous H-1 approval notices (if previously in U.S. in H-1B status);
- Copies of all H-4 approval notices along with the copy of spouse’s H-1B approval notice (If you are currently in U.S. in H-4 status);
- Copies of all previous I-20s and/or IAP66s, and employment authorization cards, if any (If previously in the United States in F-1 and/or J-1 status);
- Social security number;
- Local address (in U.S.) and foreign address abroad;
- Place and date of birth;
- If married, marriage certificate and passport, I-94, Date and Place of Birth and Social Security Number of spouse (if any); and
- Birth certificates of any children and passport, I-94, Date and Place of Birth and Social Security Number of any children who may be applying for dependant status (if any).
What is the Visa Screen Certificate?
Section 343 of the Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA) established a new ground of inadmissibility for individuals seeking entry into the United States to work in the health care industry. Nurses, physical therapists, occupational therapists, speech-language pathologists and audiologists, medical technologists (also known as clinical laboratory scientists), medical technicians (also known as clinical laboratory technicians), and physicians' assistants must all present a certificate verifying that his/her education, training, license, and experience meet all requirements for entry to the United States. The individual must also establish that the applicant is competent in both spoken and written English. To be admissible to the U.S., these allied health care professionals must obtain a certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS), or an equivalent independent credentialing organization. The most common certificate is the VisaScreen Certificate issued by the International Commission on Healthcare Professionals (ICHP), a division of CGFNS.
The VisaScreen Certificate is comprised of three parts for most occupations. The first part is an educational review and it ensures that the applicant's education meets all applicable, statutory and regulatory requirements for the profession in which the applicant intends to practice is comparable to that of a U.S. graduate seeking licensure. In order to meet the educational requirements for the VisaScreen program, applicants must have successfully completed a senior secondary school education that is separate from their professional education; graduated from a government-approved, professional health care program of at least two years in length; and successfully completed a minimum number of clock and/or credit hours in specific theoretical and clinical areas during their professional programs. The second part of the VisaScreen Certificate focuses on a review of licensure (current and past licenses). The third component of the VisaScreen Certificate tests the applicant's English language proficiency. It requires that the individual demonstrate the required competency in spoken and written English. To fulfill this requirement applicants may take either the Test of English as a Foreign Language (TOEFL), Test of Written English (TWE), and Test of Spoken English (TSE) administered by the Educational Testing Service (ETS); or the Test of English for International Communication (TOEIC) administered by the Chauncey Group, along with the TSE and TWE, administered by ETS; or the International English Language Testing System (IELTS), administered by Cambridge ESOL Examinations, the British Council and IDP Education Australia. All passing scores from the TOEFL/TWE, TSE, IELTS, or TOEIC are accepted by the CGFNS.
Can you list some links for further interest/information?
Click on any of the links (below) for additional information.
Educational Testing Service (ETS)
Federation of State Boards of Physical Therapy (FSBPT)
Foreign Credentialing Commission of Physical Therapy (FCCPT)
International Commission on Healthcare Professions (ICHP)
Prometric Exam Testing Centers
United States Social Security Administration
Test of English as a Foreign Language (TOEFL)
United States Citizen and Immigration Services
World Federation of Occupational Therapists (WFOT)
Additional links of interest can be found in the Professional Resources section.