H-1B is a non-immigrant visa issued by United States to the foreign
workers under the Immigration and nationality act. It allows U.S. employers to
hire foreign nationals specialized in any one of the fields including biotechnology,
chemistry, architecture, medicine and health, education, law, engineering,
mathematics and social science provided attainment of bachelor’s degree or its
equivalent as a minimum qualification.
Process of getting H-1B visa by an employee
1) The sponsoring employer approaches the United
States Department of Labor and file a Labor Condition Application (LCA) for the employee
presenting relevant documents about the employee, the wages and the working
condition.
2) With an approved LCA, the employer files a Form I-129
(Petition for a Nonimmigrant Worker) requesting H1B classification for the
worker.
3) Once the Form I-129 is approved the employee can
start working with the valid H-1B classification for the hiring authority on or
after the start date of the job, provided if already present in U.S with a valid
visa status. Otherwise, with the approved Form I-129 and other supporting
documents he/she may apply for the H-1B visa. After getting H-1B visa the worker
have to fill up Form I-94 at the United States port of entry to finally get
entered in the country.
Some important aspects of H-1B Visa
1) H-1B visa is based on “Employer-employee
relations”. If a foreign worker quits or is dismissed from the sponsoring
employer, the worker must acquire another legal non-immigrant status, search
for a new employer or leave the U.S.
2) Duration of stay under H-1B visa is three years,
extendable to six years.
3) For the United States Department of Defense
project related work H-1B visa duration is 10 years.
4) H-1B visa holders, who want to continue to work in
U.S. beyond the time frame of 6 years and haven’t obtained the permanent
residency status yet, must remain outside of U.S for one year before reapplying
for another H-1B visa.
5) H-1B visa portability allows a new employer to
sponsor another H-1B visa.
6) In a fiscal year, 65,000 foreign nationals can
have H-1B visas, in addition to this 20,000 foreign nationals holding a master’s
or higher degree from US universities are given the H-1B visa. Laws exempt
universities and research centers, universities can employ an unlimited number
of foreign workers.
7) Each year from April 1 the H-1B application
process is started for the following federal fiscal year, employment
authorizations are granted on October 1.
8) In the process of selection, at first 20,000
visas are issued to the US master’s degree holders under exemption, and
remaining master’s holders are given preference in the selection of regular
65,000 visas.
9) H-1B employees with non-resident status are
liable to pay taxes on the income from United States while employees with
resident status are taxed on the income generated in U.S and outside of U.S.
10) H-1B visa holders can bring their spouse and children
below 21 to U.S under H-4 visa category.
Comments
Post a Comment