H1B Green Card

The H-1B visa is issued to skilled, temporary workers engaging in specialty occupations for employers in the United States. The process for attaining an H-1B visa begins with the employer's submittal of a labor condition application (LCA) to the Department of Labor. Once the LCA is certified, he sends it along with Form I-129, Petition for Nonimmigrant Worker, to the United States Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security. In order for an occupation to qualify as a specialty occupation it must require the theoretical and practical application of a body of specialized knowledge and the worker must have at least a bachelor's degree or its equivalent. Examples of specialty occupations include education, physical sciences, medicine and law. Once approved the nonimmigrant is granted a period of six years to live and work under H-1B status in the United States. For workers engaged in work related to the Department of Defense, the H-1B can be issued for ten years. Once in the U.S., in order to maintain H-1B status, the worker must maintain employment with the employer that sponsored his visa. If he chooses to leave the employ of his sponsor, the new employer must repeat the application procedure to secure a new H-1B visa for the nonimmigrant.

Fast Facts

  • The USCIS is required to cap the number of H-1B visas issued each year. The current cap is 65,000.
  • A nonimmigrant living in the U.S. on a H-1B visa may travel in and out of the U.S. using his H-1B visa to reenter the U.S.
  • If a worker with an H-1B visa chooses to immigrate permanently to the U.S., it is possible for the visa holder to signal "dual intent" and pursue Lawful Permanent Residence while still holding the H-1B visa.

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  • H1B Visa in 2011

    As the leading avenue for international students and/or highly-skilled professionals from other countries to l...
    • Site: lawfirms.com
    • 7 of 7 user(s) found this useful
  • Working on an H1B Visa

    The H1B Visa is a temporary work visa given to foreign workers so they can work in the United States for a spe...
    • Site: lawfirms.com
  • 5 Questions to Ask An H1B Visa Sponsor

    An H1B Visa is, in essence, a work visa.  It typically allows highly skilled, non-U.S....
    • Site: usimmigrationlawyers.com
  • Types of Work Visas

    US immigration law dictates that all foreign nationals who want to work in the United States must have a visa ...
    • Site: usimmigrationlawyers.com
  • H-1B Working Visa: Still Available for 2009/2010

    For foreign nationals, who wish to work in the U.S. a significant number of the highly desirable H1-B visa, re...
    • By: Philip Teplen
    • Site: usimmigrationlawyers.com
    • 3 of 5 user(s) found this useful

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