The H-1B visa is issued by the US government to foreigners working temporarily in specialized occupations, requiring a college degree or experience. The visa is limited to six years and requires a US employer sponsor. The alien can work full or part-time, travel outside the US, and apply for permanent residency.
The US government issues the H-1B visa to foreigners temporarily working in the US under a special occupation. Such specialty occupations include architecture, mathematics, education, theology, law, and other fields that require specialized knowledge. Other specialist professions are engineering, physical and social sciences, medicine and health, accounting and other business specialties, as well as fashion modeling in some cases. An alien with an H-1B visa must demonstrate that they are qualified for the special employment position, which generally requires a college degree or a combination of education and experience.
The H-1B visa is limited to a maximum term of six years, an initial issue of three years, and an extension of three years. In general, after the six-year period, a foreigner must stay away from the United States for one year before filing another H-1B visa petition. However, some foreigners involved in projects for the US Department of Defense may be eligible for a ten-year H-1B visa. The United States limits the number of H-1B visas issued each year.
Foreigners applying for the H-1B visa must have a US employer sponsor. The employer must have a US tax identification number. The employer must submit documentation, which includes an application about employment conditions and a Form I-129 petition, and pay the fee on behalf of the alien applying for such a visa. The employment conditions application includes information on prevailing wages for the position and available working conditions. While an H-1B worker is employed, the employer must comply with government-mandated regulations and reporting.
An alien with an H-1B visa can work full or part time and can be inactive, such as in using vacation, sick or other leave, without affecting his or her status. If the alien changes employers during the H-1B visa period, the new employer must submit the necessary documents. If an H-1B alien’s employer merges with another company or sells his or her company, the alien’s status is not affected. However, if an alien changes occupation from the specialist occupation you applied for, it is considered a violation of status.
The H-1B visa does not prevent the alien from traveling outside the United States or taking the necessary steps to immigrate permanently. The dual intent, in which an alien chooses to apply for legal permanent resident status while holding an H-1B visa, is supported by the Immigration Act of 1990. Those with H-1B visa status do not have to maintain a foreign residency during their stay in the United States
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