INFORMATION ABOUT H1 B VISAS
H-1B Visas
H-1B visas enable nonimmigrant aliens of the USA to work in a “specialty occupation” for an extended period of time. An H-1B visa lasts from 3 to 6 years, but there are provisions to how long they can function. They are valid if a petition or if other paperwork has been submitted and is awaiting approval; an I-140 document is such a petition. If an alien wants to reapply after the 6-year period, they must leave the country for at least one year before returning to reapply.
Qualifying for an H1B Visa
To qualify for this visa, a prospective employee/alien must have a bachelor's degree, must be able to read and write in the English language and must have obtained a specialized skill that is applicable to a certain career. Some fields that usually attract H-1B employees are mathematical and engineering technologies, physical and social sciences, medicine and health, as well as some business positions.
Applying for an H1B Visa
When someone aims to apply for an H-1B visa, they must seek out an employer as their sponsor. From there, the employer must file a labor condition, which concerns payment, conditions of service, amongst other criteria of the position in question. Along with a $130 fee, an I-129 form petition, which concerns status and simple pedigree information, must be filled out and sent from the employer to the office of the United States Citizenship and Immigrant Services, or USCIS. Up to 65,000 people can request an H-1B visa in one year, and visa renewals and transfers are not included in that number. Employers, in order to employ an alien with an H-1B visa, are required to first look to US citizens to fill the position in question. Employers must also post required wages and specialty of the job. The U.S. Department of Labor is in charge of the Labor Condition Agreement (LCA), which, among other things, ensures foreign workers don't displace U.S. ones, as well as regulating wages and taxes. Regular U.S. employee privileges, such as vacations, sick and maternity/paternity leave, are available to those with H-1B visas. H-1B aliens can become permanent residents through application of adjusted status or what is referred to as "dual intent." Position may be full or part time. As long as employment status remains complete and intact, the visa remains valid.
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