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Visa
News
H-1B
Visa (Non-immigrant Working Professional Visa)
H-1B
or Temporary Worker status is appropriate when a non-US resident
is employed in a professional or specialty position by any corporation
or University.
To
qualify for H-1B classification-
Aliens must be engaged in professional employment within a temporary
framework. The alien must have the required professional training
and experience to assume a professional position with an employer.
The position he or she fills must have th required degree. This
is commonly recognized as being necessary for entry into the profession.
• Aliens in H-1B status are
not subject to a home residency requirement and are thus able
to change to other immigration classifications if they meet the
appropriate criteria.
•
Alien in H-1B status can only be employed in the US by a US firm,
organization, or institution that files the H-1B petitions.
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Any organization offering employment may file an H-1B petition.
The processing time for an H-1B petition ranges from one to three
months, or longer. An alien abroad cannot obtain the visa to enter
the US until the INS has completed the processing. An alien in
the US cannot begin employment with the H-1B petitioner until
the processing is complete.
• Alien in H-1B status can remain
in the US for 6 years. The employer can file the original for
up to 3 years. A three-year extension is then possible. There
is a nation cap on the number of H-1B petitioner that will be
approved in any given year.
DESCRIPTION
The H-1B visa allows a professional worker from abroad to be employed
by a U.S. employer (the Petitioner). Employers in the United States
that wish to employ foreigners in professional positions for "specialty
occupations" may file petitions with the INS requesting H-1B status
for these foreigners.
The
temporary professional visa (H-1B) allows professionals to enter
the United States and accept temporary employment within their
profession. This visa is often utilized by engineers, nurses,
professors, researchers, computer scientist and other professionals
as a means to gain valuable work experience in the United States
while receiving a professional income.
The
fundamental requirements for these positions are that the candidate
possess the equivalent of at least a U.S. Bachelors Degree, as
well as experience relevant to the position for which approval
is sought. An H-1B employee may remain in the United States up
to 6 years and no particular relationship between the prior employer
abroad and the U.S. corporation is required. However, the employee
must be licensed under his particular profession in the United
States and corresponding state, unless it can be established that
such licensure is not necessary. (For example, a foreign engineer
working for a U.S. corporation but supervised by U.S. licensed
engineer may be able to avoid the state licensing requirement.)
The "H" visa, as well as the "L" visa, is specifically exempt
from the presumption of immigrant intent. Under this change, working
and living in the United States is possible during the pendency
of a Labor Certification filed by the employer to obtain the professional's
green card. This category is extremely attractive under the new
law and will probably be utilized a great deal in the coming years.
The visa is subject to annual quota restrictions and is often
sought by foreign nationals who have completed their professional
training either in the United States or abroad.
REQUIREMENTS
• U.S. Bachelors Degree or foreign
equivalent
• (if degree is foreign) analysis
by independent credentials evaluations service attesting that
foreign degree is equivalent to U.S. Bachelors Degree
• Professional job offer which
closely parallels the training and background of the particular
employee
• Filing of a Labor Condition
Attestation with the U.S. Department of Labor
• Prevailing wage survey conducting
by the local state employment agency to protect the employer
• I-129H petition approved by
INS
ADVANTAGES
Allows professionals to enter the United States and accept employment
in a professional capacity for a temporary period. The professional
is allowed to receive a salaried income from the employer. The
H-1B visa is granted in increments not to exceed a total stay
of six years.
Important Details Please note that since January 19, 1994, the
Immigration Service has only accepted full and complete translations
of foreign documents. Summary or extract translations are no longer
acceptable. If you do not have a qualified translator, please
contact us and we will attempt to refer you to someone in your
area.
Sources:
www.usvisanews.com
http://www.fhsu.edu
This
Visa News is in collaboration with www.usvisanews.com.This
monthly bulletin will bring you the latest on Visa and immigration
news which will be India-specific.
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