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To learn more about the H1B visa, please visit our FAQ section.
What is the H1B visa?
The H1B is a non-immigrant work visa category in the United States under the Immigration & Nationality Act. It allows U.S. employers to seek temporary help from skilled foreign workers.
As Fiscal Year 2009 is currently starting October first 2008, the process to apply for the Fiscal Year 2010 opens now. If you are a corporate employer looking to hire foreing specialty workers, read more.
The H1B classification is for “specialty occupations” only. The occupation must require a bachelor’s degree or equivalent for the application of theoretical and highly specialized knowledge. 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. H1B work-authorization is strictly limited to employment by the sponsoring employer. 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 including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, 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.
What is the duration of the H1B visa ?
The duration of stay is 3 years, extendible to 6. An exception to maximum length of stay applies in certain circumstances: (i) 1 year extensions if a labor certification application has been filed and is pending for at least 365 days; and (ii) 3 year extensions if an I-140 has been approved H1B visa holders may be sponsored for their green cards by their employers through an Application for Alien Labor Certification, filed with the U.S. Department of Labor. In the past, the sponsorship process has taken several years, and for much of that time the H1B visa holder was unable to change jobs without losing their place in line for the green card.
For who is the H1B visa suitable?
The H1B visa is suitable for foreign professionals in specialy occupation jobs. Here are some common examples:
1. Engineers: technology and software development and other IT Staff in the tech industry.
2. Scientists: researchers, teachers, bio-technology, physics and chemistry professionals.
3. Fashion Models: individuals in the fashion, clothing industry who are professional models.
4. Other specialty careers: graphic design, accounting, architecture, etc.
If you would like to speak with an experienced immigration lawyer in the heart of Silicon Valley about the H-1B status to hire professional foreign workers, contact the San Jose immigration attorneys of Muston & Jack, P.C., and schedule a time to meet via telephone or in person to discuss the situation in detail.
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