H1-B Visa – All The Information You Need To Know

H1-B Visa – All The Information You Need To Know

May 21

Sometimes to hire the best people, you have to look elsewhere. Finding an employee to fill up your hiring needs does not always have to be limited to your country. In some instances, the employee with a special expertise or professional experience can be found in the other side of the world. Bringing that special worker to the United States is no longer a problem with and H1-B visa.

The H1-B is a non-immigrant visa designed to help U.S. employers recruit & employ foreign workers to the United States for a certain period of time. This type of visa gives foreign nationals the opportunity to work and become an American citizen for a period of 6 years. Likewise, it also gives the foreign worker the opportunity to bring their families to the United States and become citizens as well. However, the spouse and children should also carry a working visa as well.

It is worth noting that when applying for an H1-B visa, it is the employer who should petition for hiring of the employee, who is the beneficiary. The foreigner cannot apply for the visa by themselves. There is a yearly limit to the number of H1-B visas that can be applied for and this is determined by Congress. The employer must first file for a Labor Condition Application (LCA), Form ETA 9035 or Form 9035E with the Department of Labor.

In addition, the employer must prove that the position is really a specialty occupation that should meet the following requirements:

  • The minimum requirement is a bachelor’s degree or higher for the position
  • The degree requirement is common for the position in the industry or the job is so complex or unique that only someone who meets the required degree can perform the job
  • The employer requires a degree or equivalent for the position
  • The nature of the specific duty is so specialized and complext that the skill required to perform the job is associated with having a bachelor’s degree or higher

For H-1B visas, the required degrees include but not limited to IT, Architecture, Engineering, Physical Scientific Research, Social Science, Biotechnology, Health Care/Medicine, Education, Law, Accounting, and others. The validity of the visa is up to three years. In the first instance, the validity can be extended for an additional two years and then for another year, for a total of 6 years. In some cases, it can go beyond 6 years.

H-1B is a ‘dual-intent’ visa. Aside from being a working visa, it can also be used to apply for a green card to become a permanent resident. The H-1B will not be denied or invalidated. Should the employee with an H-1B visa resign or gets dismissed from the sponsoring employer, he can opt for other options: change in status to non-immigrant status, find another employer, or leave the United States.