H1B is a temporary nonimmigrant status in the US for foreign nationals in skilled occupations, with a maximum period of six years. The employer must file extensive documentation and pay fees. H1B workers can become US citizens and their spouses and children can reside in the US on an H4 visa.
H1B is a temporary nonimmigrant status in the United States of America (USA) applied for by a sponsoring employer. It is intended for use by foreign nationals who are temporarily employed in the US in a skilled occupation. A “special occupation” classification means that applicants have a bachelor’s degree or equivalent in a specialized area of knowledge. Fields include IT, Computers, Accounting, Finance, Banking, Advertising, Marketing, Public Relations, Sales, Recruiting, Engineering, Teaching, Healthcare, Legal, Law, Networking, Telecommunications, Business, Management and Hospitality. As of 2009, only 65,000 workers are allowed to work with H1B status at one time.
The maximum period for H1B status is six years before the foreign national needs to move back to another location. After one year of residing elsewhere, they can return to the US and apply for another period of H1B status. The only exception to this rule is for those working on Department of Defense special projects who can stay for ten years. An H1B acceptance entitles the spouse and children under 21 years of age to reside in the US on an H4 visa. The H4 visa does not allow children or spouse to work unless they find a sponsoring employer and independently apply for H1B status.
To apply for H1B status, the alien must have a sponsoring US employer. A foreign national cannot, under any circumstances, apply for H1B status on their own. Requires the employer to file extensive documentation and pay fees; therefore, a potential employee must often be a highly desirable candidate for the sponsoring company.
The first step an employer must take to apply for H1B status is to file an Employment Conditions Application Form (LCA) ETA 9035 with the Department of Labor. This is an online form and must be posted 30 days prior to the start of potential employment. In this form, the employer must certify fair payment and working conditions for the foreigner. H1B workers must be paid the average general salary of people in their job or the actual salary paid to similar company employees. Upon certification of the ACV, the employer must file Form I-129 along with the ACV and a fee of $130 Dollars (USD) to United States Citizenship and Immigration Services (USCIS).
In some cases, those applying for H1B status will have the opportunity to become US citizens. It is known that H1B status is “dual intent” and cannot be revoked if an application for citizenship is under review or even if it has been denied. It also means that they can continue to travel as necessary for their position without special notice. For many who want to become lawful permanent residents, H1B status is the first step towards obtaining a Green Card.
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