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.
. 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
