H1B Visa Overview

The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker can find another employer, apply for a change of status to another non-immigrant status, or must leave the US.
The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor[1] including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum[2] (with the exception of fashion models, who must be “of distinguished merit and ability”.)[3] Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.
Time Limits: The duration of stay is three years, extendable to six. An exception to maximum length of stay applies in certain circumstances:
1. one-year extensions if a labor certification application has been filed and is pending for at least 365 days; and
2. three-year extensions if an I-140 Immigrant Petition has been approved.
Despite a limit on length of stay, no requirement exists that the individual remain for any period in the job for which the visa was originally issued. This is known as H1B portability or transfer, provided the new employer sponsors another H1B visa which may, or may not, be subjected to the quota. Under current law, H1B visa has no grace period in the event the employer-employee relationship ceases to exist.

H1B Visa Eligibility

H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor (65,000). This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense.

H1B Visa Notes/Exclusions

Visa Ineligibility / Waiver
The nonimmigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a temporary worker, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved.

H1B Visa Family Members

H-1B visa holders are allowed to bring their immediate family members (spouse and children under 21) to the United States under the H4 Visa category as dependents. An H4 Visa holder may remain in the U.S. as long as the H-1B visa holder remains in legal status. An H4 visa holder is not eligible to work in the U.S. and is not eligible for a Social Security number (SSN)[citation needed]. An H4 Visa holder may attend school, obtain a driver’s license and open a bank account while in the US.

H1B Visa Processing Times may vary: approx from 1 -6 months
H1B Visa Processing Price (Government Filling Fee): from $1,070 – $3,320 + Consular fee+Translations
H1B Visa Processing Price (Average Attorney Fee): from $1,000 – $2,000

Who Pays The Fee?:
This is dependent on the visa type. In some cases the employer will pay and in some cases, and if it’s a non sponsored visa the applicant would pay. Some employers may request that you pay your own consulate fees and travel to the country, while others may not. It usually depends on the skill level, the type of position and the type of visa. For some visa types it maybe the law of the country that applicants should not pay any fees.

O2 Visa Detailed STEP BY STEP Guide: Request Info

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Resources:
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