An H1B Visa allows non-immigrants to come to the U.S. to work in a professional capacity. The visa is valid for three years, but can be extended to six. Those who wish to obtain an H1B visa, however, must meet certain requirements.
H1B Requirements
H1B visas are used for candidates with specialized or high level skills and knowledge. To be eligible for a H1B visa, the candidate must have the following requisites:
- a valid job offer with a U.S. company;
- the equivalent of a U.S. college degree in a relevant field in addition to three or more years of work experience or, if a non-graduate, 12 years of work experience at a high level; and
- Federal or state licensing in the intended field of employment. If, for example, the candidate will practice as an attorney in the U.S., he or she must pass the bar exam in the state of employment.
Process
Candidates cannot directly apply for a H1B visa. Instead, the U.S. employer must apply for the visa on behalf on its employee to allow the candidate entry into the U.S. There is a limit to how many visas one employer can request.
Employers must apply for an H-1B visa at least six months before the visa's actual start date. The employer cannot begin work with the employer until the visa's effective date.
For positions that are not specialty occupations or highly-skilled, or in the case where the candidate does not have the requisite qualifications or experience, the employer can request an H2B visa instead of an H1B visa.H1B dependent employers are required by legislation to advertise positions in the U.S. before they petition for non-immigrant H1B workers. An H1B dependent employer is an employer with over 50 employees that has more than 15% of employees with an H1B status. Smaller employers are allowed to have a higher percentage of H1B employees before being labeled "dependent."
Extensions
The H1B visa is valid for up to three years. The visa may be extended initially for another two years and subsequently extended for one more year for a maximum of six years.
If an non-immigrant employee wishes to remain in the U.S. past the six years, he or she can apply for permanent residence via a green card. However, if the employee's request for gain permanent residence is denied, the employee then must live outside the U.S. for at least one year before another application is made on their behalf to enter the U.S. on an H or an L visa.
Early Dismissal
If a company dismisses an H1B employee before the expiration of the visa, the company must assume any reasonable moving costs the employee incurred. This liability does not extend to situations where the employee resigns.
Find an Attorney
If you are a non-immigrant seeking an H1B visa or an extension, or if you are a U.S. employer who wishes to hire a non-immigrant employee for a professional position, you should consult with an attorney to understand the H1B requirements. Find an experienced immigration attorney to discuss your particular case.
