H-1B Visa

H-1B Visa

Are you a foreign citizen working as a doctor, lawyer, architect, computer programmer or research scientist?
Are you a professional with a specialty occupation (as mentioned above) who wants to work in the U.S.?
If you have at least a baccalaureate/bachelor’s degree and your profession requires highly specialized skills, this visa may be the right one for you! An H-1B visa is available to individual professionals who are looking to work in the U.S. for a particular employer. Each year, the U.S. grants 65,000 US  visas and 20,000 for master’s degree holders.

The most important requirement for obtaining an US visa is to ensure that the job qualifies as a “specialty occupation.” Specialty occupations need advanced knowledge and specific education. Examples include computer experts, architects, doctors (who passed USMLE), civil engineers, lawyers, researchers, and marketing professionals. These occupations usually require the minimum attainment of a baccalaureate/bachelor’s degree from the United States or its foreign equivalent.

HOW DOES A JOB QUALIFY AS A “SPECIALTY OCCUPATION?”
To qualify as a specialty occupation, the position must meet at least one of the following criteria:

• The minimum entry requirement for the position requires a bachelor’s degree (or higher degree), or its U.S. equivalent. In other words, the foreign national’s degree should be equivalent to at least a bachelor’s degree from the U.S.;
• That particular job industry often requires a minimum degree, or the job is so complex or unique that only someone with at least a bachelor’s degree can perform it.
• Requiring a degree or its equivalent is a common demand of the particular employer.
• The specific duties are so specialized and complex that the knowledge required to perform them is usually associated with attaining a bachelor’s degree or higher.

WHAT HAPPENS IF A PERSON DOES NOT HAVE A BACHELOR’S DEGREE?
Even without a bachelor’s degree, you can get an H-1B visa if you have 3 years of work experience for each missing year of college. For example, if you have 3 years as an architect but no degree, that counts as 1 year of college.

HOW DOES SOMEONE KNOW IF THEY POSSESS THE PROPER EDUCATIONAL EQUIVALENT OF A BACHELOR’S DEGREE?
For a person to know whether he or she has the equivalent of a bachelor’s degree from the U.S., the applicant must obtain a credential evaluation, available from an educational evaluation company (one that is established in the U.S.).

HOW CAN SOMEONE QUALIFY TO ACCEPT A JOB OFFER IN AN H-1B VISA SPECIALTY OCCUPATION IN THE U.S.?
For an applicant to qualify to accept a job offer in an H-1B visa position, they must meet one of the following criteria:

• Completed a U.S. bachelor’s degree (or higher degree) required by the specific specialty occupation from an accredited college or university;
• Completed a foreign degree equivalent to a U.S. bachelor’s degree (or higher degree) in the specialty occupation;
• Hold an unrestricted state license, registration, or certification that authorizes the person to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment;
• Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of his or her expertise in the specialty, through progressively responsible positions directly related to the specialty.

WHAT IS THE PRIMARY PROCESS FOR OBTAINING AN H-1B VISA?

1. In general, the process for obtaining a visa is as follows:
2. The first step is that the U.S. employer submits a labor condition application (LCA) to the U.S. Department of Labor for certification. The application requires that the company promise he or she will comply with various labor requirements, such as providing the employee with a fair wage and acceptable working conditions;
3. After receiving certification of the labor condition application, the employer must then file a “Petition for a Nonimmigrant Worker” (Form I-129) with the appropriate United States Citizenship and Immigration Services (USCIS) center;
4. Once the Form I-129 is approved, the prospective H-1B visa applicant, who is located outside of the U.S., may apply for the visa with the U.S. Embassy or Consulate abroad. At the U.S. port of entry, the prospective H-1B visa applicant must then apply to the U.S. Customs and Border Patrol (CBP) for admission into the U.S..

HOW LONG CAN I STAY IN THE U.S. AS AN H-1B VISA HOLDER?
US H-1B visa is generally granted for three years. This time period may be extended, but generally cannot exceed a total of six years. If your employer fires you before your allowed stay ends, they must pay for your return home. If you quit, you must pay for your own return trip.

CAN AN H-1B VISA HOLDER HAVE THE INTENTION TO STAY IN THE U.S. PERMANENTLY?
Yes. US H-1B visa holder can apply for a green card or adjust their status without losing their H-1B status.

CAN I TRAVEL ON AN H-1B VISA, WHILE AWAITING PERMANENT RESIDENCE?
Yes. While the LPR status application is pending, an H-1B visa holder can travel using their US H-1B visa. The visa holder does not need to obtain an advance parole document or request other advance permission from U.S.C.I.S. to return to the U.S.

CAN MY SPOUSE AND/OR CHILDREN ACCOMPANY ME TO THE U.S. ON AN H-1B VISA?
Yes. Family of H-1B visa holders can get H-4 visas to come to the US. The holder must show they can support their family. H-4 holders cannot work in the US.

CONCLUSION:
If you are an employer looking to hire a foreign employee in a specialty occupation or are a foreign worker working in a specialty occupation and are seeking to come to the United States, US H-1B visa may allow you to do so. US visa requires the minimum attainment of a bachelor’s degree from the United States or its foreign equivalent. United States employers must also first obtain a certified labor condition application from the U.S. Department of Labor (DOL). The U.S. grants a visa for three years, allowing the applicant’s spouse and children to accompany them to the United States. Contact an experienced consultant for more details and help.