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What is H1b visa ?
The H1B visa is known as non-immigrant visa category in the US. It is for foreign workers in special jobs. The jobs need special knowledge or expertise. It lets U.S. employers hire skilled foreign professionals. The hires work in fields such as technology, engineering, finance, and healthcare. Typically, the visa is initially issued for a three-year period, with the option to renew for an additional three years, totalling six years altogether. H1B visa holders must have a U.S. employer sponsor them. They must meet specific criteria, including having a relevant bachelor’s degree or equivalent.
Salient Features of h1b visa:
The H1B visa program is crucial. It is a pathway for skilled foreign workers to temporarily work in the United States.
Here are some salient features of the H1B visa:
- The H1B visa is for those in “specialty occupations.” They need theory or technical skill. These are in IT, engineering, healthcare, and finance.
- An employer in the United States must sponsor the applicant to get an H1B visa. They must petition for the h1b visa for the applicant. The employer must show why they need the foreign worker. They need the worker’s special skills and expertise.
- what is the Duration of h1b visa : H1B visas last for 3 years at first. They can be extended for another 3 years, for a max of 6 years. But, some exceptions may allow longer extensions. For example, for pending residency applications.
- what is h1b visa cap : The H1B visa program operates under an annual cap. It limits the number of new visas issued each fiscal year. As of 2022, the regular cap is 65,000 visas. There are 20,000 more visas for applicants with advanced degrees from US schools (the “master’s cap”).
- Applicants for H1B visas must meet specific criteria. This includes having a relevant bachelor’s degree or the same. They must also have a job offer from a US employer in a specialty occupation. Additionally, they must receive a prevailing wage for the position.
- Employers sponsoring H1B visa holders must pay them the prevailing wage. This wage is for their occupation and location. It is determined by the Department of Labor. This rule aims to stop foreign workers from cutting US wages or conditions.
- Unlike some other non-immigrant visas, such as the B1/B2 tourist visa, the H1B visa allows for “dual intent.” This means that visa holders can pursue permanent residency.
- Dependents are allowed. H1B visa holders can bring their spouse and children under 21 to the United States on H4 visas. While dependents cannot work in the US, they can attend school or college.
Both employers and individuals need to understand the key parts of the H1B visa program. This is essential for those sponsoring foreign workers. It is also essential for those seeking temporary work in the United States.
H1b visa Tenure of Residence:
In the US H1B visa program, tenure of residence is how long an H1B visa holder can stay. They can work in the country on their visa. Here’s how the concept applies:
- The initial duration is up to 3 years. An H1B visa lets a person live and work in the US. The duration could potentially be prolonged for an additional three years. This would make the maximum six years.
- H1B visa holders may be eligible for extensions beyond the six-year limit in some cases. This includes people with pending green card applications (Form I-140 or Form I-485). It also includes those who got labor certification. This was for some employment-based immigrant visas.
- H1B visa holders spent time outside the US during their visa’s validity. They may “recapture” that time. This would extend their time in the country. This can help people. They want to maximize their time in the US under the H1B visa program.
- H1B visa holders can also get a green card in the United States.
Typically, you require an employer to provide sponsorship for you. You also need labor certification and approval of an h1b visa petition. Once granted, permanent residency allows people to live and work in the United States. They can do so forever.
H1B visa holders need to know the limits on how long they can stay and the criteria for their visa. Knowing these factors can help people plan their careers. It can also help with immigration. It can help with paths to long-term residency and citizenship in the United States.
H4 Dependent Visa:
The H4 dependent visa is a non-immigrant visa category in the United States. It allows the spouses and unmarried children under 21 of H-1B visa holders to join them in the U.S. and live there. They can do this while the H1B holder is allowed to stay. Here are some key points about the H4 visa:
- The H4 visa is for dependents of H1B visa holders. It is for spouses and unmarried children under 21. Other family members, such as parents or siblings, are not eligible for H4 status.
- H4 visa holders do not have automatic work authorization in the United States. This is unlike the H1B visa, which allows the primary holder to work for the sponsoring employer. However, some H4 spouses may be eligible to apply for work permits. This is if the H1B holder is seeking an employment-based green card.
- H4 visa holders are generally allowed to study in the United States. They can study at universities or trade schools. They can do this without needing separate student visas. They may attend school full-time or part-time. It depends on their preferences and circumstances.
- H4 visa holders can get health insurance in the United States. They can do this through their spouse’s employer plan or other options for residents.
How Agacs Pvt Ltd is going to help:
Our immigration consultants offer many services. We tailor these services to meet your needs.
- Visa Consultation: Personalized guidance on visa options and requirements.
- Application Assistance: Assistance with visa application preparation and submission.
- Document Verification: Review and verification of all required documents.
- Immigration Pathways: Expert advice on immigration pathways and eligibility criteria.
- Compliance Assistance: Guidance on compliance with immigration laws and regulations.
- Interview Preparation: Preparation and coaching for visa interviews.
- Follow-up Support: Ongoing support and assistance throughout the visa process.
- Post-Visa Services: Settlement support and assistance with relocation.
A specialty occupation is one that requires a specialized body of knowledge and typically a bachelor’s degree or higher in a specific field related to the position.
Yes, but you will need to file a new H1B petition with your new employer. Once the new petition is approved, you can begin working for the new employer.
Yes, there is an annual cap on the number of new H-1B visas issued each fiscal year. As of now, the regular cap is 65,000 visas per year, with an additional 20,000 visas available for individuals with advanced degrees from U.S. universities.
For the document check list for h1b visa you can visit our h1b visa documents checklist