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 The H-1B visa program is the primary method for employers to recruit and hire International professionals and International students to work in the USA. The H-1B visa enables US employers to hire foreign professionals for a specified period of time. The H1B program allows workers in specialty occupations to work in the US for up to a total of six (6) years. Aside from documenting that the position offered is in a specialty occupation and that the employee has the appropriate credentials for the job, the employer needs to verify that the H-1B visa worker is being paid the prevailing wage for the work being performed and that employment of a foreign worker is not harming conditions for US workers. H-1B Visa Qualifying occupation categories are typically jobs in the fields of IT, Computing, Finance, Accounting, Banking, Marketing, Advertising, PR, Sales, Recruiting, Engineering (all types), Teaching, HealthCare/Medical, Legal, Lawyers, Networking, Telecoms, Business, Management, Scientific Research. The length of time that a worker can have an H-1B visa is usually an initial period of up to three years. The initial H-1B visa can then be extended one time for up to a combined total of six (6) years. Other regulatory provisions permit; (1) the employer to request a period of less than three years, (2) the employee to be employed on a part-time basis (3) the employee to work for more than one US Employer simultaneously. The H-1B worker's family may also be permitted to live in the US during the period that the H-1B visa is in effect, but cannot be a paid employee while on an H-4 visa. An H-1B holder's spouse and children (under the age of 21) are not authorized to work unless they obtain their own work visa. During the term of the H-1B visa, the employee can also apply for permanent residency. The number of H1B visas issued each year is subject to a cap that is determined by US Congress. The current H1B cap is set at 65,000 plus an additional 20,000 for International students that graduate with an MBA or higher from a US University. The H1B cap does NOT include or affect: 1) current H1B holders transferring their visa to a new employer / sponsor 2) 'new' applications for an H1B with: non-profit organizations, Government Research organizations, and institution of higher education. |
