It is a non-immigrant work visa that permits firms in the United States to temporarily hire foreign employees in specialist vocations. Find out more about the H1-B work visa right now.
An Overview of the Process of Obtaining an H-1B Visa in the United States
Learn what an H-1B visa is, who it is intended for, the conditions for getting one, and the procedure for acquiring one in order to temporarily hire a foreign worker in the United States.
What is the H-1B Visa and how does it work?
It is a non-immigrant work visa that permits firms in the United States to temporarily hire foreign employees in specialist vocations. An advanced degree (Bachelor’s degree or its equivalent) or its equal will be required for employment in a speciality profession area. Furthermore, foreign degrees and/or professional experience may be deemed to be comparable to a bachelor’s degree in the United States.
A “specialty vocation,” according to the United States Department of Labor, is defined as any theoretical and practical application of a body of highly specialised knowledge in a particular sector of human effort. Work authorisation under the H-1B visa is exclusively confined to employment with the sponsoring company. A foreign worker may be employed by a corporation in the United States for a period of up to six years under the terms of the visa.
An H-1B visa is far simpler to get than permanent residency, but since it is valid for a longer length of time, most businesses choose this form of visa. Because of a rise in the demand for foreign labour, the United States has placed a limit on the number of H-1B visas that may be issued each year.
In accordance with current immigration law, a total of 85,000 new H-1B visas may be made available to qualified individuals each fiscal year of the federal government. Approximately 65,000 new H-1B visas will be issued to foreign employees, with an additional 20,000 visas being issued to people with advanced degrees from a recognised U.S. academic institution.
There are various different sorts of employment visas available, each for a certain country and type of worker. The following are a few examples: R-1 visas are reserved for religious workers, TN visas are reserved for Canadian and Mexican speciality workers under the North American Free Trade Agreement, and O-1 visas are reserved for exceptional persons in practically any area.
The requirements for getting an H-1B visa are as follows:
The application procedure for an H-1B visa starts six months before the visa’s start date is actually scheduled to begin. Employers may submit applications for the 2015 fiscal year cap as early as April 2, 2014, but they will not be able to begin hiring until October 1, 2014. As soon as the visa ceiling limit is met, the USCIS will cease accepting H-1B petitions for the 2015 fiscal year and will not accept new applications until April of the same year.
Because the H-1B visa is intended for speciality jobs, the job must satisfy certain requirements in order to be considered. These criteria are put in place to ensure that you only hire people who have the exact set of talents that the individual you are bringing on board does not have. For example, the job must need the possession of a Bachelor’s degree or above, unless doing so is standard practise in the business or the work is so distinctive that only someone with a degree can accomplish it.
As a further condition of employment, the individual who is being sought by the employer must fulfil certain standards on their own, including having the requisite work experience and training to meet the needs of the position. Employment in positions that are not classified as specialist professions, or for which a candidate lacks the credentials or experience required for an H-1B visa, may be eligible for an H-2B visa. If you are unable to get an H-1B visa, another option is to apply for an L-1 visa, which permits enterprises with operations both in the United States and overseas to transfer certain classes of employees.
After receiving an H-1B visa, the non-citizen has three years to work in the United States, which may be extended an additional three years for a total of six years if the non-citizen meets the requirements. Furthermore, if you are in the United States on an H-1B visa, you are eligible to seek for permanent residency in the country.
H-1B visa holders are permitted to bring their spouse and children under the age of 21 to the United States as dependents under the H4 visa category. H4 visa holders are not permitted to work in the United States and may only remain for the same period of time as an H-1B visa holder, but they are permitted to attend school, earn a driver’s licence, and other activities.
There are many more popular work visas in the United States, including:
Permanent non-agricultural worker with an H-2B visa.
Work permit for temporary agricultural workers (H-2A visa).
L-1 Visa – Transferee inside an organisation
B-1 Visa – For business travellers
VISA Type: J-1 (Exchange Visitor Program)
Green Card – Permanent Residence in the United States, allowing you to live and work there.
Quick Highlight:
An H-1B visa is a non-immigrant work visa that permits firms in the United States to temporarily hire foreign employees. An advanced degree (Bachelor’s degree or its equivalent) or its equal will be required for employment in a speciality profession area. A foreign worker may be employed by a corporation in the U.S. for a period of up to six years under the terms of the visa. There are various different employment visas available, each for a certain country and type of worker. The H-1B visa is intended for speciality jobs, the job must satisfy certain requirements in order to be considered.
Another option is to apply for an L-1 visa, which permits enterprises with operations both in the U.S. and overseas to transfer certain classes of employees. After receiving an H-1B visa, the non-citizen has three years to work in the United States, which may be extended an additional three years for a total of six years if they meet the requirements. If you are in the U.S. on an H/I visa, you are eligible to seek for permanent residency in the country.
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