H-1B Visas and Employment
The United States Government gives out H-1B visas to immigrants who are hired to work temporarily in certain fields in the United States. Such occupations include mathematics, theology, law, architecture and various fields that demand specialized knowledge, in addition to medicine, social sciences, accounting, and even fashion modeling in a few cases. An immigrant with an H-1B visa must demonstrate that they are qualified for the specific job, which usually requires a specialized degree or a combination of education and experience.
H-1B Visa Time Restrictions
This specialized work visa is restricted to a maximum time of six years. This includes the three-year preliminary acceptance and a three-year extension. Usually, after a six-year period, an immigrant must stay away from the United States for at least one-year before filing for another H-1B visa petition, unless they have made steps to apply for permanent residency normally via a green card application. Nonetheless, some immigrants that are working on projects for the United States Defense Department can obtain a ten-year work visa. However, the number of specialized work visas issued each year is limited.
H-1B Visa Processing
To begin the specialized work visa process, a petition must be filed by the company requesting authorization for the foreign worker to be employed temporarily in the country. This petition must be accepted by the Immigration and Naturalization Service (INS) prior to the worker starting their employment in the USA. After the request has been accepted, the specialized H-1B employee is considered a beneficiary.
Company Visa Considerations
The H-1B is company specific, in other words, the beneficiary worker can only be employed by the employer who accepted the petition. Reassignment of specialized work visas is possible; however, the perspective employer would have to file for a new petition. If a worker plans to be employed with more than one company at a time, each company must file a separate petition.
There are restrictions on the amount of new specialized work visa that the US will issue every year. The number permitted every year is decided by the US Congress. The present number is 65,000 with an additional 20,000 for students from abroad that hold an MBA or more from a US University.
Basic H-1B Visa Requirements
A specific offer from a US Company
High School Diploma, if the applicant has no college education
College degree: Associates, Bachelors, Master or Ph. D
College transcripts
Certificate of training courses
Proof of license or specialist membership
Employment verification
Up-to-date Resume detailing employment history
Passport identity page displaying existing or expired US Visas
Travel/Permanent Residency/Other Considerations
An immigrant with a H-1B visa can work part-time or full-time and can be inactive while utilizing vacation or sick time, traveling outside the country, and/or other leave without violating their status. Even if the company they are employed with merges or sells to another corporation, their status is safe. However, if a visa holder changes from their original job, this would be deemed as a status infringement. Immigrants can choose to apply for permanent residence in the USA while on the specialized work visa and they do not have to retain a foreign residence while in the United States.