June 27, 2019

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H-1B Work Visas

Visa and Immigration Lawyers

The H-1B visa allows companies to hire foreign workers in specialty occupations. An H-B1 worker can live and work in the U.S. for up to six years. The employer is the sponsor. An H-1B worker can bring their spouse and children. In order to qualify for an H-B1 visa, a worker must have a bachelor’s degree or higher in the specialty occupation or equivalent experience.

Specialty Occupations

Examples of specialty occupations include:

  • Medical professionals
  • Teachers and professors
  • Journalists
  • Writers and editors
  • IT professionals
  • Electronic specialists
  • Fashion designers
  • Fashion models
  • Accountants
  • Architects
  • Engineers
  • Graphic designers
  • Industrial designers
  • Librarians
  • Hotel managers
  • Clergy
  • Commercial artists
  • Social workers

H-1B Visas

The H-1B visa is a non-immigrant visa, but applicants do not have to maintain a foreign residence. Dependents are issued H-4 visas so that they can come to the U.S. with the H-1B visa holder and can go to school get a driver’s license and open a bank account. H-4 visa holders are not allowed to work in the U.S.

A U.S. employer must apply for the visa and must prove that the position qualifies. Only 65,000 H-1B visas are issued each year. The U.S. Citizenship and Immigration Services (USCIS) begins accepting H-1B visa applications six months prior to the beginning of the fiscal year and quickly receives more applications than there are visas available, so employers must be prepared in advance.

H-B1 visa holders are allowed to stay in the U.S. for three years and can usually get an extension that lets them stay up to six years altogether. While it is a nonimmigrant visa, an H-B1 holder can apply for a Green Card.

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