Details on the H1B Visa
(Specialty Occupations)
Common positions that fall under the H1B Visa category are Physical,
Occupational, and Speech Therapy, Engineers, Doctors, Pharmacists, IT
Professionals, Management Professionals, Sales Force, etc.
Definition of H1B Work Visas: The H1B visa
is a non-immigrant category
established by USCIS (U.S. Citizenship and Immigration Services) to employ
international workers with specialized training. H-1B work visa is generally set
aside for foreign workers in "
specialty occupations" and fashion models of
"distinguished merit and ability." The aliens employed under this
employment-based immigration category may be filling permanent positions (“
USA Green Cards”) in the United States, as long as they leave the U.S. at the end of
their authorized periods of stay, including any extensions of stay.
H-1B workers do not need to maintain a foreign residence during their period of
stay in the U.S., a requirement imposed on many other non-immigrant visa
classifications. In addition, H1 temporary workers may seek permanent residence
concurrently with petitioning for or holding H1B visa status.
Specialty Occupations: The occupations refer to certain USA jobs that
require the theoretical and practical application of a body of highly
specialized knowledge along with a minimum of a bachelor’s degree or its
equivalent from an accredited institution. The specialty occupations include
engineering, architecture, mathematics, social sciences, physical sciences,
medicine and health, business specialties, education, law, theology, accounting
and the arts.
H1B visa classification necessitates a labor confirmation issued by the
Secretary of Labor. This categorization also applies to co-production projects
managed by the Department of Defense or Government-to-Government research and
development.
According to the current law, the annual limit on the number of H1B aliens who
will be issued a visa or otherwise provided H1B status is 65,000. Around 6800
out of these numbers are reserved for Singapore and Chile under certain Free
Trade Agreements between the U.S. and these countries. But in the fiscal years
of FY2001, FY2002 and FY2003, the number of H-1B workers was temporarily raised
to 195,000.
Approximate time for processing to H1B visa Approval Notice: This varies
as the typical processing time for a case is 4-6 months. A
H1B
premium processing case is typically processed within 15 business days. This is
obviously all dependent upon the cap and the several criteria of eligibility.
(See
FAQ for H1B Visa)
A foreign employee can work in H1B visa status for a maximum of six years at a
time. After that time, he/she must stay outside the U.S., for a year before
another H1B petition can be approved. The workers who are employed on Defense
Department projects can stay in H1B status for ten years.
The benefit of an H1 visa program is that an alien can work lawfully in the U.
S. in temporary residence status and obtain the visa quickly after the petition
is sanctioned. It also allows the alien to travel in and out of the U.S. without
need for
Advance Parole or
Employment Authorization Document (EAD).
H4 dependent
visas are available for accompanying family members, including spouse and minor
children under the age of 21, of H-1B visa holders.
H1B aliens can buy house or any other real estate property in USA. They can
also invest money in mutual funds, US stocks, bonds etc. But, H1 visa holders
are unable to work as self-employed or freelancer. The law also prevents them
from doing contract type of work in free time.
For more information on the H1-B Visa Process;
contact us
If you are a foreign worker, considering a job offer, or an employer considering
hiring a foreign worker, we hope you'll take us up on our offer to explain the
process in "plain terms"…email or
give us a call! (Toll free: 1800 258 1036) We
feel sure that after hearing our explanation of the process, you will see that
it's not as scary as you might think, and will be ready to go ahead with the
employment agreement and the immigration process. For a brief summary of the
process, see our
H1b Visa Process page that gives you specific steps to the H1-B
visa process.
