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USA H1B Visas

Published June 3, 2021 by Brooks Law Firm
USA H1B Visas

Is H1B Immigrant Visa

Employers can sponsor foreign individuals in specialty occupations to come to the United States and work for them. They can do this through the H-1B visa, which is a non-immigrant visa that allows the foreign worker to work in the United States for a certain period of time. The foreign worker cannot apply for an H-1B visa, only the employer, company, or organization can file an H-B1 petition.

The H-1B visa lottery only allows 65,000 visas every year. There are an extra 20,000 visas for foreign workers that hold a master’s degree or higher from a U.S. institution.

What Specialty Occupations Qualify for H-1B Visa?

For a foreign worker to be considered for the H-1B visa, they must have at least a bachelor’s degree.  They must have a 3-year degree and experience in the following areas:

  • Social science
  • Mathematics, biotechnology
  • Computing
  • Healthcare or medicine
  • Marketing
  • Banking
  • Sales
  • Telecommunication
  • Architecture
  • Engineering
  • Finance and more

A foreign worker in the fields listed above can legally live and work in the United States for 6 years with an H-1B visa. The foreign workers’ immediate family members can accompany them and live in the United States.

General Requirements

USA H1B VisasFor you to receive an H-1B visa, you need to meet one of the following requirements:

  • You must hold at least a bachelor’s degree from a U.S. university or from an accredited college or university
  • You must hold a bachelor’s degree from a foreign institution that is equivalent to a U.S. bachelor’s or higher degree
  • You must have certification that authorizes you to perform that specialty occupation

Requirements for the occupation include:

  • The occupation must require theoretical and practical application of a body of highly specialized knowledge
  • The occupation must require a minimum of a bachelor’s degree or a higher degree

Requirements For Employers

The following are the requirements for employers:

  • The employer must file a Labor condition Application (LCA), Form ETA 9035E with the department of labor
  • The Labor condition Application must indicate that the H-1B visa holder will be paid a wage that is considered appropriate for that position in the United States
  • The employer must prove that hiring the foreigner will not affect the working conditions and wage rates for similarly employed U.S. workers

From H-1B To Green Cards

H-1B visa holders can also apply for a green card because the H-1B visa is a “dual intent” visa. Other dual intent visas are L-1 and O-1. The employer of the H-1B visa holder and sponsor them to receive the green card. Another advantage of this visa is that they can also apply for permanent citizenship.

If a sponsoring employer fires an H-1B visa holder before their visa expires, it is the responsibility of the employer to pay ticket costs that the employee needs to go back to their home country. You can apply to change to another non-immigrant status if your employer dismisses you or if you resign.

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