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The H1B visa allows  a U.S employers to temporarily hire foreign workers in specialty occupations. The H1B visa lasts for a period of three years and can be renewed for another three. Exceptions can be applied to the H1B duration in special circumstances. Contact immigration lawyers houston for more information and the processing requirements.

How Many H1B Are Issued Each Year?

As of 2015, The USCIS law caps the number of foreign nationals that may receive an H1B visa to 65,000. However, up to 20,000 foreign nationals holding a master’s degree or higher are exempt from this cap. Immigrants working at universities, government research facilities and non-profit research facilities are exempt from the cap too. Foreign workers hired by universities are also not subject to the restriction.

General Requirements for the H1B Visa

  • Applicant must have an employer-employee relationship with the petitioning company.
  • Applicant’s job must qualify as a specialty occupation by meeting certain factors as set  by the USCIS.
  • Applicant’s job must be in a specialty occupation related to their field of study.
  • Applicant must be paid at least the actual or prevailing wage for their occupation, whichever is higher.
  • The H1B cap must not have been met for the current fiscal year unless applicant is exempt from the cap due to special circumstances.

The Difference Between H1, H1B, And H1B-1 Visa

There is no visa  called the H1 visa. It is a short term for the H1B visa. However, the H1B1 is a special subset of the H1B visa that is only available to Singapore and Chile nationals. There are differences between the H1B1 and the H1B, like in shorten visa validity and more stringent requirements in some areas. Out of the 65,000 visas allocated each year for the H1B visas, 1,400 are reserved for Chile and 5,400 are reserved for Singapore

Frequent Asked Questions: HB1 Visa.

  • What requirements that makes my job a specialty occupation?

There are several ways that your job may qualify as a specialty occupation:

  • If a bachelor’s degree or higher is generally the minimum requirement for the position
  • If the degree requirement for the position can generally be performed only by someone with a bachelor’s degree in a field related to the position
  • A degree or its equivalent is normally required for the position
  • The nature of the job is so complex that information required to preform the job is naturally associated with the obtainment of a bachelor’s degree or higher
  • Who can apply for an H-1B visa?

Foreign workers can not file for an H1B work visa in the United States without  a U.S employer. A United States employer that want to hire a foreign worker should petition on behalf of the foreign workers.

 

The visa bears the name of the U.S entity where the foreign workers are suppose to work. Therefore, they can only work in the organization. Once the employer has sponsored an H1B work visa for the worker to enter the U.S, it must dismiss the former employee before the expiry of his visa. The entity is responsible for any reasonable transportation costs incurred by the dismissed employee when returning home.

 

The United States companies are to start filing for an H1B visa for their foreign employees six months before the date the visa become active. Since the U.S fiscal year begins on October 1st, employers are to apply for an H1B work visa from April 1st to April 7th, but the work visa will not be active until its October 1st.

 

Initially, the visa get 2 years approval which can be extended to 3years. However, the maximum duration on Hb1 visa is six years. For those that wish to stay in the United States for more than six years with Hb1  should apply for a permanent residency permit. And if at the end the permanent residency is not approved, you have to leave the United States and stay for at least  1year before reapplying for a new Hb1 visa. Although someone who held H-1B Visa for 6 years may be eligible for O-1 visa. contact abogado de inmigracion houston tx for more detail.

  1. Why hire an H1B lawyer?

Immigration law is deterring and sophisticated! Several issues arises during  filing of an H1B petition, the process is intimidating if you are not familiar with the federal process, that is why houston h1b lawyer are here to help you. The initial I-129 petition can be tricky for some individuals to fill out, and hiring an H1B lawyer will ensure that all the paperwork is filled out correctly and on time.

 

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