Who is eligible to use the H1B “portability” provisions ?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed “before, on, or after” the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
• If my company is acquired by another company, do I have to file for an amended H-1B ? Q: What is an H-1B visa? A: The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability. Return to index . . . Q: What is a specialty occupation? A: A specialty occupation requires theoretical and practical application of a body of specialized knowledge, along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology and the arts are specialty occupations. Return to index . . . Q: How do you apply for an HB1 Visa? A: H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (“LCA”) with the Department of Labor attesting to several items, including payment of prevailing wages for the
